SPECIAL EDUCATION LEADERSHIP CONFERENCE QUESTIONS ...
SPECIAL EDUCATION LEADERSHIP CONFERENCE QUESTIONS AND ANSWERS VOLUME 12 AUGUST 27, 2012 Revised: October 31, 2012
Extended School Year 22 Pa. Code §14.132 1.
Are there a minimum number of hours a district has to provide for extended school year (ESY)? A. No, the individualized education program (IEP) team determines ESY services. The ESY section of the IEP must provide a description of services, time, frequency, and beginning and ending dates.
Evaluation 22 Pa. Code §14.123 and Reevaluation 22 Pa. Code §14.124 Initial Evaluation §14.123 2.
If a student from a different state enrolls in a Pennsylvania school and has an IEP, in order to give him/her a Pennsylvania IEP, do we need to do an evaluation or is it considered a reevaluation? A. The IEP from another state must be implemented as comparable when the student moves to Pennsylvania. There is no requirement that the Pennsylvania local education agency conduct an initial evaluation. If the evaluation team determines additional data are necessary, it would be an initial evaluation.
3.
Can a parent ask for an independent education evaluation (IEE) at any time or can the request only come after the district has had the opportunity to complete its own? A. The LEA must be permitted to complete its evaluation prior to the parent requesting an IEE at public expense (§ 34 CFR 300.502). If the parent pays for a private IEE and provides it to the LEA, the LEA must consider the IEE.
4.
Can a parent name the individual to complete a district’s evaluation? A. The LEA determines the assessment procedures and those individuals who will complete the assessment procedures. The parent can request that certain individuals 1
conduct the assessment procedures; however the LEA is not required to grant the parent request. 5.
Does the Pennsylvania LEA need to issue an Invitation to Participate in the IEP Team Meeting or Other Meeting for an eligibility determination meeting? A. A group of qualified professionals and the student’s parents review the evaluation data and determines eligibility. The LEA has the option to make this determination either by using the pass around model of distributing all evaluation materials or the meeting model where all evaluation data are reviewed. If the LEA uses the pass around model, there is no Invitation to Participate in the IEP Team Meeting or Other Meeting issued. If the LEA uses the meeting model, the LEA must issue an Invitation to Participate in the IEP Team Meeting or Other Meeting form and mark “Other.”
6.
Does the eligibility determination meeting need to be a formal meeting? A. No, the LEA can use the pass around model.
7.
Are general education teachers required members of an eligibility determination team? If so, if they cannot attend (as with an IEP), can they be excused? Is their signature or written input still required? A. Yes, the regular education teacher is a member of the group of qualified professionals that reviews the evaluation data and determines eligibility. There is no provision to excuse the regular education teacher from an eligibility determination meeting. However, the LEA may use the pass around model that does not require a meeting. The excusal of an IEP team member is only applicable to the IEP team meetings.
8.
What date is considered to be the evaluation report date? Is it the date the evaluation is finished? Is it the date the eligibility determination is made? Can this decision be made over the phone if the parent wants to agree to eligibility and do the IEP meeting concurrently with reviewing the Evaluation Report? A. The date of the evaluation report is the date on the evaluation report. This is a group decision and not an individual decision. The LEA, unless the parent agrees in writing, must wait for 10 school days after the issuance of the evaluation report before scheduling an IEP team meeting. Members of the group of qualified professionals and IEP team members may participate through different methods.
9.
Where on the evaluation report do you document the date of eligibility determination? A. The date of eligibility determination is the date that the evaluation report meeting is held, and the team is in agreement with the determination. If no meeting is held, it is the date of the final evaluation/reevaluation report. 2
Reevaluation §14.124 10.
Is the reevaluation due three years from the date the evaluation report is finished or three years from the date of the eligibility determination meeting? A. The reevaluation is due in two years for students with intellectual disabilities and three years from the date on the reevaluation report for students with other disability categories.
IEP 22 Pa. Code §14.131 11.
When answering the questions regarding supplementary aids and services at the end of the IEP, what is best practice? Should each individual question be answered or is it sufficient to include one statement addressing the questions as a group? When answering the questions regarding least restrictive environment, does each question have to be answered or may some be left blank? A. No regulatory requirement exists regarding the answers to the supplementary aids and services questions. When addressing the questions referring to the least restrictive environment, each question must be answered and none may be left blank.
12.
The LEA tape records all special education meeting. If the parent requests to have a stenographer at the special education meeting, should the LEA also have a stenographer? A. The regulations are silent on this matter. It is up to the state or the LEA. There is no state regulation regarding the recording of special education meetings. The LEA should have a policy regarding the recording of special education meetings. If the LEA’s policy prohibits the recording of meetings, the LEA should consider whether an exception may be warranted when an accommodation is needed for parent participation.
13.
Will the IEP form be changed to include accommodations for the Keystone Examinations? Does the LEA just reference accommodations somewhere else in the IEP? A. Yes, the Pennsylvania Department of Education made the necessary changes to the IEP document. The Keystone Exam accommodations are referenced in the State Assessment Accommodation section of the IEP. http://www.education.state.pa.us/portal/server.pt/community/testing_accommodatio ns___security/7448
3
14.
If a student with an IEP receives counseling services, where does that need to be reflected in the IEP? If it is listed as a related service, does counseling also need to be included in the present level of performance and goals? Are there alternate areas to include it or is it always considered a related service? A. Counseling services for a student are typically listed as a related service. If the counseling need is part of the provision of a free appropriate public education, the information could be included in the present levels of academic achievement and functional performance. There is no requirement that measurable annual goals be developed for all related services. There may be circumstances where counseling services are listed as a modification/accommodation on the IEP.
Least Restrictive Environment Requirements 22 Pa. Code §14.145 15.
What is the proper way to calculate face time and place time? A. The LEA assumes that face time refers to amount of special education services and place time refers to the least restrictive environment location calculation. Face time is the calculation of the amount of time associated with providing special education services to a student. Place time refers to where the child receives those special education services (the regular education classroom or another location).
For PennData tables, when reporting disciplinary removals: 16.
If a student with an IEP transfers to a new school mid-year, are disciplinary removals from the prior school included in the new school’s tables? A.
17.
Yes.
If a student is initially identified as eligible for special education services in May, are all removals for the year reported or just those that occurred since he/she had an IEP? A. On PennData, you only report those removals that occur while a student is identified as a special education-eligible student.
18.
If a student qualifying for special education services in April had been suspended for 15+ cumulated days prior to the eligibility determination, is a manifestation meeting necessary for any further suspensions since that student has already reached the 15 day maximum? A. Once a student is determined eligible for special education, any days of suspension PRIOR to the determination are not counted towards the 15+ cumulated days. Any days SUBSEQUENT to the determination of eligibility are counted towards the 15 days.
4
Exclusions from School 22 Pa. Code §12.6 19.
If a special education student attending a technical school full-time is expelled for engaging in drug activity on the technical school’s grounds and returns to the home district, what are the district’s obligations? A. The home LEA may uphold the expulsion; however the LEA would have to provide a free appropriate public education to the child during the time of the expulsion.
20.
If a child was already suspended for three days before a manifestation determination is made, how do you get that time back? A. There is no way to get the time back once it is gone. For suspensions fewer than 10 consecutive days, the LEA is not required to provide services. If the child has an intellectual disability any removal is a change in educational placement and the LEA is required to provide a free appropriate public education for the time of removal.
21.
A special education student brings a knife to school. A manifestation determination meeting determined the behavior was not a manifestation of the student’s disability. He was placed in a 45-school-day interim alternative education program and, while in the program, was involved in a drug violation. The court convicted the student on a weapons violation. According to the court and the private agency, the student is reformed after 32 days in a program. Can the student come back to school? A. If the student was not officially expelled under 22 PA Code Chapter 12, then that student is entitled to return to school after the conclusion of the 45 school day placement.
22.
Is an in-school suspension room that is staffed by a special education teacher still considered a suspension for that student? A. The days spent in the suspension room would not be counted as days of suspension if all of the IEP services are provided. Rather, this would be a change in location.
23.
Do all placements of students with IEPs in an alternative education for disruptive youth program constitute disciplinary expulsions? A. Any placement in an alternative education for disruptive youth program must adhere to the provisions of the Alternative Education for Disruptive Youth Basic Education Circular (BEC) and 24 PS §§ 19-1901-C, 19-1902-C, and 19-1903-C. Even if a parent requests placement in an alternative education for disruptive youth program, there is a specific process that must be followed for any special education student placed in an alternative education for disruptive youth program.
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Specific Learning Disability Criteria 22 Pa. Code §14.125 24.
In Pennsylvania, when a student is diagnosed with a nonverbal learning disability, does that fall under the specific learning disability eligibility category, something else, or does it stand on its own? A. Whether a child has a specific learning disability would depend on the evaluation data discrepancy model or, if approved, response to instruction and intervention and the eligibility determination. A nonverbal learning disability is not a stand-alone disability category.
Protected Handicapped Students §15.3 (504 Accommodation Plan) 25.
What are the similarities and differences between a 504 plan and an IEP? A. The requirements regarding an IEP are mandated under the Individuals with Disabilities Education Act (IDEA), 34 CFR Part 300, and 22 Pa. Code Chapter 14. Regulatory requirements for Section 504 Service Plans are specified in 22 Pa. Code Chapter 15 and Section 504 of the Rehabilitation Act of 1973. Additional details regarding implementation of Chapter 15 may be found at the basic education circular entitled Implementation of Chapter 15.
26.
Is it possible to have an IEP facilitator participate in a 504 service agreement meeting? A. IEP Facilitators are assigned by the Office for Dispute Resolution; therefore the Office for Dispute Resolution would make the decision regarding a facilitator attending a 504 meeting.
FAPE 34 CFR § 300.17 27.
What constitutes a free appropriate public education? Is there a minimum standard point? A. Consistent with § 300.17 (b), Free appropriate public education means special education and related services that meet the standards of the State Education Agency (SEA) and the requirements in Part B of the Act. Additionally, a free appropriate public education means that special education and related services are provided in conformity with an IEP that meets the requirements in section 614 (d) of the Act. The case Hendricks Hudson v. Rowley determined that the IEP had to be reasonably calculated so that the student received educational benefit. The LEA is not required to provide a program that maximizes the potential of the student but is required to provide a program that is reasonably calculated to result in educational benefit.
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Notice of Recommended Educational Placement/Prior Written Notice 34 CFR § 300.503 28.
If a student goes from a public school to a charter school and there is no change in program (i.e. still itinerant learning support), does a Notice of Recommended Educational Placement/Prior Written Notice have to be done? If yes, is that student still receiving services in a charter school or is it best practice to issue a Notice of Recommended Educational Placement/Prior Written Notice? A. A Notice of Recommended Educational Placement/Prior Written Notice only needs to be issued because there is a change in PLACEMENT. If the student is still receiving itinerant learning support services, then the placement has not changed and a Notice of Recommended Educational Placement/Prior Written Notice does not need to be issued. However, if a student enrolls in a charter school, a Notice of Recommended Educational Placement/Prior Written Notice would be issued by the new LEA – the charter school.
Manifestation Determination 34 CFR § 300.530 29.
In the manifestation determination process, what does it mean to void discipline? A. No regulatory language exists reflecting void discipline. The manifestation determination establishes whether there is a relationship between the behavior and the disability. If there is a relationship, the student cannot be disciplined unless the parent consents to the proposed action.
MISCELLANEOUS 30.
Will the Pennsylvania System of School Assessment (PSSA) be offered online (computerized) this year as well as paper/pencil? Will accommodations be changed to reflect this? A. A separate question and answer document addressing the online PSSA and district options/responsibilities will be issued.
31.
Is there a list of school districts that are approved to use the response to instruction and intervention process to qualify students for special education? A. To find a list of districts and schools within the districts that have received state approval to use response to instruction and intervention to identify specific learning disabilities, go to www.pattan.net. Once on the website, click on “Educational Initiatives,” then click on “RtII.” Within the text, click on the statement “A list of the 25 currently approved schools and their contact information can be found here.”
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Extended School Year 22 Pa. Code §14.132 1.
Are there a minimum number of hours a district has to provide for extended school year (ESY)? A. No, the individualized education program (IEP) team determines ESY services. The ESY section of the IEP must provide a description of services, time, frequency, and beginning and ending dates.
Evaluation 22 Pa. Code §14.123 and Reevaluation 22 Pa. Code §14.124 Initial Evaluation §14.123 2.
If a student from a different state enrolls in a Pennsylvania school and has an IEP, in order to give him/her a Pennsylvania IEP, do we need to do an evaluation or is it considered a reevaluation? A. The IEP from another state must be implemented as comparable when the student moves to Pennsylvania. There is no requirement that the Pennsylvania local education agency conduct an initial evaluation. If the evaluation team determines additional data are necessary, it would be an initial evaluation.
3.
Can a parent ask for an independent education evaluation (IEE) at any time or can the request only come after the district has had the opportunity to complete its own? A. The LEA must be permitted to complete its evaluation prior to the parent requesting an IEE at public expense (§ 34 CFR 300.502). If the parent pays for a private IEE and provides it to the LEA, the LEA must consider the IEE.
4.
Can a parent name the individual to complete a district’s evaluation? A. The LEA determines the assessment procedures and those individuals who will complete the assessment procedures. The parent can request that certain individuals 1
conduct the assessment procedures; however the LEA is not required to grant the parent request. 5.
Does the Pennsylvania LEA need to issue an Invitation to Participate in the IEP Team Meeting or Other Meeting for an eligibility determination meeting? A. A group of qualified professionals and the student’s parents review the evaluation data and determines eligibility. The LEA has the option to make this determination either by using the pass around model of distributing all evaluation materials or the meeting model where all evaluation data are reviewed. If the LEA uses the pass around model, there is no Invitation to Participate in the IEP Team Meeting or Other Meeting issued. If the LEA uses the meeting model, the LEA must issue an Invitation to Participate in the IEP Team Meeting or Other Meeting form and mark “Other.”
6.
Does the eligibility determination meeting need to be a formal meeting? A. No, the LEA can use the pass around model.
7.
Are general education teachers required members of an eligibility determination team? If so, if they cannot attend (as with an IEP), can they be excused? Is their signature or written input still required? A. Yes, the regular education teacher is a member of the group of qualified professionals that reviews the evaluation data and determines eligibility. There is no provision to excuse the regular education teacher from an eligibility determination meeting. However, the LEA may use the pass around model that does not require a meeting. The excusal of an IEP team member is only applicable to the IEP team meetings.
8.
What date is considered to be the evaluation report date? Is it the date the evaluation is finished? Is it the date the eligibility determination is made? Can this decision be made over the phone if the parent wants to agree to eligibility and do the IEP meeting concurrently with reviewing the Evaluation Report? A. The date of the evaluation report is the date on the evaluation report. This is a group decision and not an individual decision. The LEA, unless the parent agrees in writing, must wait for 10 school days after the issuance of the evaluation report before scheduling an IEP team meeting. Members of the group of qualified professionals and IEP team members may participate through different methods.
9.
Where on the evaluation report do you document the date of eligibility determination? A. The date of eligibility determination is the date that the evaluation report meeting is held, and the team is in agreement with the determination. If no meeting is held, it is the date of the final evaluation/reevaluation report. 2
Reevaluation §14.124 10.
Is the reevaluation due three years from the date the evaluation report is finished or three years from the date of the eligibility determination meeting? A. The reevaluation is due in two years for students with intellectual disabilities and three years from the date on the reevaluation report for students with other disability categories.
IEP 22 Pa. Code §14.131 11.
When answering the questions regarding supplementary aids and services at the end of the IEP, what is best practice? Should each individual question be answered or is it sufficient to include one statement addressing the questions as a group? When answering the questions regarding least restrictive environment, does each question have to be answered or may some be left blank? A. No regulatory requirement exists regarding the answers to the supplementary aids and services questions. When addressing the questions referring to the least restrictive environment, each question must be answered and none may be left blank.
12.
The LEA tape records all special education meeting. If the parent requests to have a stenographer at the special education meeting, should the LEA also have a stenographer? A. The regulations are silent on this matter. It is up to the state or the LEA. There is no state regulation regarding the recording of special education meetings. The LEA should have a policy regarding the recording of special education meetings. If the LEA’s policy prohibits the recording of meetings, the LEA should consider whether an exception may be warranted when an accommodation is needed for parent participation.
13.
Will the IEP form be changed to include accommodations for the Keystone Examinations? Does the LEA just reference accommodations somewhere else in the IEP? A. Yes, the Pennsylvania Department of Education made the necessary changes to the IEP document. The Keystone Exam accommodations are referenced in the State Assessment Accommodation section of the IEP. http://www.education.state.pa.us/portal/server.pt/community/testing_accommodatio ns___security/7448
3
14.
If a student with an IEP receives counseling services, where does that need to be reflected in the IEP? If it is listed as a related service, does counseling also need to be included in the present level of performance and goals? Are there alternate areas to include it or is it always considered a related service? A. Counseling services for a student are typically listed as a related service. If the counseling need is part of the provision of a free appropriate public education, the information could be included in the present levels of academic achievement and functional performance. There is no requirement that measurable annual goals be developed for all related services. There may be circumstances where counseling services are listed as a modification/accommodation on the IEP.
Least Restrictive Environment Requirements 22 Pa. Code §14.145 15.
What is the proper way to calculate face time and place time? A. The LEA assumes that face time refers to amount of special education services and place time refers to the least restrictive environment location calculation. Face time is the calculation of the amount of time associated with providing special education services to a student. Place time refers to where the child receives those special education services (the regular education classroom or another location).
For PennData tables, when reporting disciplinary removals: 16.
If a student with an IEP transfers to a new school mid-year, are disciplinary removals from the prior school included in the new school’s tables? A.
17.
Yes.
If a student is initially identified as eligible for special education services in May, are all removals for the year reported or just those that occurred since he/she had an IEP? A. On PennData, you only report those removals that occur while a student is identified as a special education-eligible student.
18.
If a student qualifying for special education services in April had been suspended for 15+ cumulated days prior to the eligibility determination, is a manifestation meeting necessary for any further suspensions since that student has already reached the 15 day maximum? A. Once a student is determined eligible for special education, any days of suspension PRIOR to the determination are not counted towards the 15+ cumulated days. Any days SUBSEQUENT to the determination of eligibility are counted towards the 15 days.
4
Exclusions from School 22 Pa. Code §12.6 19.
If a special education student attending a technical school full-time is expelled for engaging in drug activity on the technical school’s grounds and returns to the home district, what are the district’s obligations? A. The home LEA may uphold the expulsion; however the LEA would have to provide a free appropriate public education to the child during the time of the expulsion.
20.
If a child was already suspended for three days before a manifestation determination is made, how do you get that time back? A. There is no way to get the time back once it is gone. For suspensions fewer than 10 consecutive days, the LEA is not required to provide services. If the child has an intellectual disability any removal is a change in educational placement and the LEA is required to provide a free appropriate public education for the time of removal.
21.
A special education student brings a knife to school. A manifestation determination meeting determined the behavior was not a manifestation of the student’s disability. He was placed in a 45-school-day interim alternative education program and, while in the program, was involved in a drug violation. The court convicted the student on a weapons violation. According to the court and the private agency, the student is reformed after 32 days in a program. Can the student come back to school? A. If the student was not officially expelled under 22 PA Code Chapter 12, then that student is entitled to return to school after the conclusion of the 45 school day placement.
22.
Is an in-school suspension room that is staffed by a special education teacher still considered a suspension for that student? A. The days spent in the suspension room would not be counted as days of suspension if all of the IEP services are provided. Rather, this would be a change in location.
23.
Do all placements of students with IEPs in an alternative education for disruptive youth program constitute disciplinary expulsions? A. Any placement in an alternative education for disruptive youth program must adhere to the provisions of the Alternative Education for Disruptive Youth Basic Education Circular (BEC) and 24 PS §§ 19-1901-C, 19-1902-C, and 19-1903-C. Even if a parent requests placement in an alternative education for disruptive youth program, there is a specific process that must be followed for any special education student placed in an alternative education for disruptive youth program.
5
Specific Learning Disability Criteria 22 Pa. Code §14.125 24.
In Pennsylvania, when a student is diagnosed with a nonverbal learning disability, does that fall under the specific learning disability eligibility category, something else, or does it stand on its own? A. Whether a child has a specific learning disability would depend on the evaluation data discrepancy model or, if approved, response to instruction and intervention and the eligibility determination. A nonverbal learning disability is not a stand-alone disability category.
Protected Handicapped Students §15.3 (504 Accommodation Plan) 25.
What are the similarities and differences between a 504 plan and an IEP? A. The requirements regarding an IEP are mandated under the Individuals with Disabilities Education Act (IDEA), 34 CFR Part 300, and 22 Pa. Code Chapter 14. Regulatory requirements for Section 504 Service Plans are specified in 22 Pa. Code Chapter 15 and Section 504 of the Rehabilitation Act of 1973. Additional details regarding implementation of Chapter 15 may be found at the basic education circular entitled Implementation of Chapter 15.
26.
Is it possible to have an IEP facilitator participate in a 504 service agreement meeting? A. IEP Facilitators are assigned by the Office for Dispute Resolution; therefore the Office for Dispute Resolution would make the decision regarding a facilitator attending a 504 meeting.
FAPE 34 CFR § 300.17 27.
What constitutes a free appropriate public education? Is there a minimum standard point? A. Consistent with § 300.17 (b), Free appropriate public education means special education and related services that meet the standards of the State Education Agency (SEA) and the requirements in Part B of the Act. Additionally, a free appropriate public education means that special education and related services are provided in conformity with an IEP that meets the requirements in section 614 (d) of the Act. The case Hendricks Hudson v. Rowley determined that the IEP had to be reasonably calculated so that the student received educational benefit. The LEA is not required to provide a program that maximizes the potential of the student but is required to provide a program that is reasonably calculated to result in educational benefit.
6
Notice of Recommended Educational Placement/Prior Written Notice 34 CFR § 300.503 28.
If a student goes from a public school to a charter school and there is no change in program (i.e. still itinerant learning support), does a Notice of Recommended Educational Placement/Prior Written Notice have to be done? If yes, is that student still receiving services in a charter school or is it best practice to issue a Notice of Recommended Educational Placement/Prior Written Notice? A. A Notice of Recommended Educational Placement/Prior Written Notice only needs to be issued because there is a change in PLACEMENT. If the student is still receiving itinerant learning support services, then the placement has not changed and a Notice of Recommended Educational Placement/Prior Written Notice does not need to be issued. However, if a student enrolls in a charter school, a Notice of Recommended Educational Placement/Prior Written Notice would be issued by the new LEA – the charter school.
Manifestation Determination 34 CFR § 300.530 29.
In the manifestation determination process, what does it mean to void discipline? A. No regulatory language exists reflecting void discipline. The manifestation determination establishes whether there is a relationship between the behavior and the disability. If there is a relationship, the student cannot be disciplined unless the parent consents to the proposed action.
MISCELLANEOUS 30.
Will the Pennsylvania System of School Assessment (PSSA) be offered online (computerized) this year as well as paper/pencil? Will accommodations be changed to reflect this? A. A separate question and answer document addressing the online PSSA and district options/responsibilities will be issued.
31.
Is there a list of school districts that are approved to use the response to instruction and intervention process to qualify students for special education? A. To find a list of districts and schools within the districts that have received state approval to use response to instruction and intervention to identify specific learning disabilities, go to www.pattan.net. Once on the website, click on “Educational Initiatives,” then click on “RtII.” Within the text, click on the statement “A list of the 25 currently approved schools and their contact information can be found here.”
7
