PA LEAs Must Adjust to ODR’s Allowing Attorneys to Participate in Special Education Mediation (May 9, 2021)

Mediation can occur prior to or after a due process complaint is filed (see 34CFR300.506). It can be agreed upon by the parties in lieu of mandated IDEA Resolution Meeting (300.510(a)(3)(ii)). In Pennsylvania, the PA Office of Dispute Resolution (ODR) now opens the door to allow attorneys to participate under newly instituted rules.

In fact, effective March 1, 2021, attorneys are able to participate in special education mediation as recommended by Pennsylvania’s Special Education Advisory Panel (SEAP).  Attorney participation will mirror that of the resolution meeting process:

  • If the parent chooses to bring an attorney to mediation, then the LEA has the option of bringing its attorney to mediation, if it chooses to do so.
  • If the parent chooses to attend mediation without counsel, the LEA will likewise not have an attorney present.

In addition, the PA Office of Dispute Resolution (ODR) is encouraging attorney fee issues to be negotiated outside the mediation session.

ODR  has updated its Mediation Guide, which contains additional information about attorney participation at mediation. To learn more, click here or visit the for the PA office of Dispute Resolution (ODR) website at: https://odr-pa.org/resources/whats-new-at-odr/.

U.S.D.E. Launches Best Practices Clearinghouse to Highlight Innovative Practices for Reopening Schools and Campuses (May 7, 2021)

The U.S. Department of Education (USDE) launched the Safer Schools and Campuses Best Practices Clearinghouse (the Clearinghouse, a website that highlights the innovative work underway nationwide in continuing to reopen K-12 schools, early childhood centers and postsecondary institutions. Through the Clearinghouse, the USDE is providing examples of how schools and other educational institutions can safely reopen as communities continue recovering from the COVID-19 pandemic.
“It is encouraging to see states, districts and schools serving all levels of students using their best practices and lessons learned from each other and implementing these strategies to quickly reopen schools and campuses—all while keeping our students, teachers, faculty, and staff safe,” said U.S. Secretary of Education Miguel Cardona. “There is no substitute for in-person learning and the Clearinghouse will be an invaluable resource as we continue the safe return to in-person instruction.”
President Biden’s Executive Order on Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers called on USDE to develop a Safer Schools and Campuses Best Practices Clearinghouse as a way to share lessons learned and best practices from the field for safely operating schools and postsecondary institutions during the pandemic.
By launching the Clearinghouse, the USDE aims to collect and disseminate innovative, evidence-based, or solutions-oriented approaches to school reopening and make this information available to elementary and secondary schools, early childhood centers, and postsecondary institutions across the country so they can learn from each other. Resources from USDE and other federal agencies related to reopening strategies and guidance are also available on the website.
The Clearinghouse includes resources that target the needs of students in, K-12, early childhood, and higher education settings in three main topic areas:
1. Safe and Healthy Environments: School and campus approaches to implement prevention and mitigation strategies and prepare and sustain in-person operations safely. 
2. Supports for Students: School and campus strategies to meet students’ academic, social, emotional, mental health, and other needs, including providing access to food, counselors, and financial aid for college students.
3. Teacher, Faculty, and Staff Well-Being; Professional Development; and Supports: School and campus strategies to address skills, trauma and other mental-health needs among educators, faculty, and staff, and other support strategies such as providing access to childcare and professional development for educators. 

To see the USDE press release, click here.

PA State Board of Ed. May Meeting: Board Bids Deputy Sec. Stem a Fond Farewell as His Final Report Touts Accelerated Roadmap Series (May 5, 2021)

At its May 5, 2021 PA State Board of Education (Board) Meeting, the Board took the opportunity to bid a fond farewell to Matthew Stem and to recognize for his work over the past six years as Pennsylvania’s deputy secretary for elementary and secondary education. State Board of Ed. Chairperson Karen Farmer White stated that the Board was accepting Mr. Stem’s resignation with a “heavy heart.” Other Board members took the time to thank Mr. Stem for his “fine work” and to express their regrets regarding his leaving.

Currently the second in command at the Pennsylvania Department of Education (PDE), Mr. Stem will become the assistant executive director with the Lancaster-Lebanon Intermediate Unit 13 effective June 14, 2021. Among his accomplishments while with PDE, Mr. Stem was instrumental in the development of the Future Ready PA Index and the Every Student Succeeds Act Consolidated Plan.

Also, as a part of his report, Acting PA Education Secretary Noe Ortega asked Mr. Stem to update the Board on the Accelerated Learning Roadmap Series. Mr. Stem pointed out that, as we plan for the 2021-22 school year, PDE, PA Intermediate Units (IUs), and the Pennsylvania Training and Technical Assistance Network (PaTTAN) are providing the Accelerated Learning Roadmap Series resource bank for school leaders with the goal of helping teachers, support staff, families, and students emerge from these unprecedented times and start a new school year stronger than ever and focused on accelerating learning. Mr. Stem also reported that there are currently 30 webinars available to PA educators.

In addition, according to the PDE website this new series provides a systematic process and technical support for school communities to make key decisions for the start of the new year. It introduces a Cycle of Continuous Improvement mindset that will lead to strategic vision, needs assessment, planning, implementation, monitoring, and adjusting. Most importantly, each system supports the success of the others.

To learn more about the Accelerated Learning Roadmap Series, click here.

Department of Education Thanks Educators for an Extraordinary Year (May 5, 2021)

After a year of overcoming challenges and going above and beyond during the COVID-19 pandemic, the Pennsylvania Department of Education (PDE) is celebrating teachers across the state for their dedication to ensure every student has the tools to reach their full potential.

“There could not be a more appropriate time to thank a teacher for their resilience, hard work, and persistence throughout this year. As an educator, I have seen how students gain inspiration and become encouraged through their lessons,” said Acting Secretary of Education Noe Ortega. “During Teacher Appreciation Week, let’s take a moment to remind our educators how valuable they are to our students’ success, and that their efforts are commended by PDE year-round.”

To celebrate National Teacher Appreciation Week, the Pennsylvania Department of Education (PDE) is releasing a series of video messages on social media today from Governor Tom Wolf, Second Lady Gisele Fetterman, Pennsylvania Teacher of the Year Joe Welch, Acting Secretary of Education Noe Ortega, and Acting Deputy Secretary and Commissioner for Postsecondary and Higher Education Dr. Tanya I. Garcia. The video messages recognize Pennsylvania’s current and future educators for their work and the lifelong impact they make on students. This year’s national proclamation lauds education from the Biden Administration. First Lady Dr. Jill Biden is a current community college educator.

PDE participates in or coordinates various programs that recognize educators for their contributions to students and the profession year-round. The Pennsylvania Teacher of the Year Program recognizes excellence in teaching by honoring K-12 teachers in public education who have made outstanding academic contributions to Pennsylvania’s school-aged children. Due to the pandemic, the Teacher of the Year selection process was placed on hold. As a result, the 2021 Teacher of the Year finalists are now the finalists for Pennsylvania’s 2022 Teacher of the Year. PDE invites students, families, and community members to honor and recognize educator achievements at any time by submitting a nomination for Pennsylvania’s Teacher of the Year.

A primary goal of the Wolf Administration has been to ensure access to high-quality education for all Pennsylvanians, and Governor Wolf has included measures in each of his budget addresses to ensure opportunities for students and educators continue to be supported. Since Governor Wolf has taken office, education has seen an additional $1.4 billion in programs from high quality pre-kindergarten through postsecondary opportunities for students. In his most recent proposal, the governor included an additional $200 million for basic education, $30 million for high quality early childhood education; and $200 million in special education.

Wolf Administration to Lift Mitigation Orders on Memorial Day, Masking Order Once 70% of Pennsylvania Adults Fully Vaccinated (May 4, 2021)

On May 4, 2021,  the Wolf administration, in coordination with the COVID-19 Vaccine Joint Task Force, announced that mitigation orders except masking will be lifted on Memorial Day, Monday, May 31 at 12:01 AM. 

The current order requiring Pennsylvanians to wear masks will be lifted when 70% of Pennsylvanians age 18 and older are fully vaccinated. Face coverings are required to be worn indoors and outdoors if you are away from your home. In accordance with the latest Centers for Disease Control and Prevention (CDC) guidance, fully vaccinated Pennsylvanians are not required to wear a mask during certain activities.  

“We continue to make significant progress in the fight to stop the spread of COVID-19 and as more Pennsylvania adults get vaccinated and guidance from the CDC evolves, we can continue to move forward with our reopening efforts,” ​Department of Health Acting Secretary Alison Beam said. “I encourage Pennsylvanians to take the critical steps needed to put this pandemic behind us by getting vaccinated, follow through with both doses if you receive the Moderna or Pfizer vaccines, and continue to take steps like masking, frequent hand washing and sanitizing and social distancing.”

Requirements such as testing and reporting ​new cases will remain in place for hospitals and long-term care facilities. Maintaining requirements for hospitals and long-term care facilities wi​ll allow Pennsylvania to continue to closely monitor COVID-19 spread while lifting other restrictions.

The Department of Health recommends that Pennsylvanians refer to CDC guidance and recommendations regarding ongoing COVID-19 safety measures and procedures.

These updates will not prevent municipalities and school districts from ​continuing and implementing stricter mitigation efforts. 

The governor’s Proclamation of Disaster Emergency for the COVID-19 pandemic remains in place. 

All Pennsylvanians ages 16 and older are eligible to schedule a COVID-19 vaccine. The provider map is available on the PA Department of Health’s website. Pennsylvanians with questions about the vaccination process can call the Department of Health hotline at 1-877-724-3258.