Category: Government Actions

PA DOH Provides Guidance for Fully Vaccinated Individuals that Aligns with CDC COVID-19 Recommendations (February 26, 2021)

On February 26, 2021, the PA Department of Health (DOH) announced that it has aligned its COVID-19 quarantine guidance for fully vaccinated individuals with that of the Centers for Disease Control and Prevention (CDC)Opens In A New Window.

“We know that Pennsylvanians are eager to get vaccinated and be further protected from COVID-19,” Acting Secretary of Health Alison Beam said. “As the CDC continues to update guidance for individuals who are fully vaccinated, we will follow their lead. I want to stress, though, that regardless of vaccination status, individuals who are showing new or unexplained symptoms of COVID-19 still need to isolate and be tested for COVID-19.”

Under the updated guidance, people who have had both doses of a two-dose vaccine, or one dose of a single dose vaccine, do not need to quarantine after an exposure to another person with COVID-19 if they meet all the following criteria:

  • They are fully vaccinated (i.e., more than two weeks following receipt of the second dose in a two-dose series, or of one dose of a single-dose vaccine);
  • They are within three months following receipt of the last dose in the series; and
  • They have remained asymptomatic since the current COVID-19 exposure. 

This does not mean the vaccine is only effective for three months, but rather that it is unclear how long immunity from vaccine will last. The CDC is utilizing what is known about natural post-infection immunity and limiting the quarantine guidance to 90 days at this time while additional research is conducted.

This guidance applies to the general population, including businesses, schools and some healthcare settings as a way to alleviate staffing shortages. It does not apply to patients or residents in healthcare settings. More information for healthcare settings about vaccinated healthcare workers and patients can be found here. To read the press release from DOH, click here.

Gov. Wolf Unveils Bipartisan Charter School Accountability Plan (February 26, 2021)

Due to the urgent need to hold charter schools and cyber charter schools accountable has increased as enrollment and taxpayer costs have swelled during the COVID-19 pandemic. Governor Tom Wolf has unveiled a “common sense and fair bipartisan plan that protects students, parents and taxpayers.” The plan is said to hold low-performing charter schools accountable to improve the quality of education, protect taxpayers by reining in skyrocketing charter school costs, and increase the transparency of for-profit companies that run many charter schools.

According to the Wolf administration, the plan would protect taxpayers and save school districts $229 million a year by better aligning charter school funding to their actual costs so school districts are not forced to overpay. The plan:
-Saves $99 million a year by applying the special education funding formula for traditional public schools to charter schools as recommended by the Bipartisan Special Education Funding Commission. The current flawed process requires school districts to pay charter schools using the outdated assumption that 16 percent of students get special education. As a result, some charters are vastly overpaid for services they do not provide, leaving special education students in school districts and other charter schools with less funding.
-Saves $130 million a year with a single per student tuition rate that school districts pay cyber schools. Providing an online education costs the same regardless of where the student lives, but cyber schools charge school districts between $9,170 and $22,300 per student, while Intermediate Units only charge $5,400 per online student. Establishing a single statewide rate ensures that school districts are not charged more than $9,500 per regular education student, reflecting the actual cost of an online education by higher performing cyber schools.

The plan is also said to protect students by holding low-performing charter schools accountable to ensure charter schools are providing students with a quality education and creates charter school performance standards that hold low-performing charter schools accountable and reward high-performing charters with more flexibility. It also limits cyber school enrollment until their educational quality improves. All 14 cyber schools in Pennsylvania are designated for federal school improvement, with the vast majority among the lowest 5 percent of public schools.

The governor’s plan is also purported to increase transparency to restore the public’s trust in charter schools by holding the for-profit companies that manage many of the schools to the same financial and ethical standards as school districts and to require charter schools to have policies to prevent nepotism and conflicts of interest so leaders do not use charter schools for their own financial benefit. It also requires charter schools and their leaders follow requirements of the State Ethics Commission, since they are public officials.

To read the press release, click here or go to: https://www.media.pa.gov/pages/education-details.aspx?newsid=1051

BSE Notice: State Regulations that Exceed Federal IDEA Requirements (February 24, 2021)

On February 24, 2021, BSE Director Carole L. Clancy disseminated a PennLink communiqué titled  Individuals with Disabilities Education Act: State Regulations that Exceed Federal Requirements, which states that the Individuals with Disabilities Education Act (IDEA), as amended, requires the Pennsylvania Department of Education (PDE) to identify in writing to local educational agencies regulations, rules, and policies that are state-imposed requirements and not required by IDEA and its regulations (20 USC §1407 (a) (2)). This notice fulfills the requirement to distribute an updated list of state-imposed requirements that exceed IDEA and its regulations.

Chapter 14 (22 Pa. Code Chapter 14)
§14.101           (Relating to Definitions)
§14.104           (Relating to Special Education Plans)
§14.105           (Relating to Personnel Qualifications and Caseload)
§14.106           (Relating to Access to Instructional Materials)
§14.108           (Relating to Access to Classrooms)
§14.121           (Relating to Child Find)
§14.123           (Relating to Evaluation)
§14.124           (Relating to Reevaluation)
§14.125           (Relating to Criteria for Specific Learning Disability)
§14.131           (Relating to Individualized Education Program)
§14.132           (Relating to Extended School Year)
§14.133           (Relating to Positive Behavior Support)
§14.143           (Relating to Disciplinary Placements)
§14.144           (Relating to Facilities)
§14.145           (Relating to Least Restrictive Environment Requirements)
§14.146           (Relating to Age Range Restrictions)
§14.152           (Relating to Child Find, Public Awareness and Screening)
§14.153           (Relating to Evaluation)
§14.154           (Relating to Individualized Education Program)
§14.155           (Relating to Range of Services)
§14.157           (Relating to Exit Criteria)
§14.158           (Relating to Data Collection)
§14.162           (Relating to Impartial Due Process Hearing and Expedited Due Process Hearing)
§14.163           (Relating to Resolution Session)

Chapter 711 (22 Pa. Code Chapter 711) 
§711.5             (Relating to Personnel)
§711.6             (Relating to Annual Report)
§711.7             (Relating to Enrollment)
§711.8             (Relating to Education Records)
§711.9             (Relating to Payments)
§711.21           (Relating to Child Find)
§711.22           (Relating to Reevaluation)
§711.24           (Relating to Evaluation)
§711.25           (Relating to Criteria for the Determination of Specific Learning Disability)
§711.41           (Relating to IEP)
§711.44           (Relating to Extended School Year)
§711.45           (Relating to Access to Instructional Materials)
§711.46           (Relating to Positive Behavior Support)
§711.61           (Relating to Suspension and Expulsion)
§711.62           (Relating to Procedural Safeguards)

Questions regarding this information should be directed to Jeanette Alexander at [email protected] or 717-783-6882.

USDE Releases Guidance to States on Assessing Student Learning During the Pandemic (February 22, 2021)

On Monday, February 22, 2021, the U.S. Department of Education (USDE) provided guidance to states emphasizing the importance of flexibility in administering assessments this year as a result of the pandemic and supporting the use of assessment data as a source of information for parents and educators to target resources and support, rather than for accountability purposes this year.

State assessments and accountability systems play an important role in advancing educational equity, identifying student needs, and targeting the resources to address them. At the same time, some schools and districts may not be able to safely administer statewide summative assessments this spring using their standard practices, while others may wish to prioritize learning time during the scant in-person schooling time this year in many communities. The pandemic requires that states have significant flexibility in implementing this work for the 2020-2021 school year and ED’s guidance is a practical approach that balances these two priorities.

“The Department of Education is committed to supporting all states in assessing student learning during the pandemic to help target resources and support to the students with the greatest needs,” said Ian Rosenblum, acting assistant secretary for elementary and secondary education. “We also recognize that at a time when everything in our education system is different, there need to be different ways that states can administer state tests like moving them to the fall so that precious in-person learning time this year can be spent on instruction. Balancing these priorities is the best approach.”

The USDE’s guidance makes clear that states should consider the ways they can do things differently this year. Flexibility available to states includes:
-Extending the testing window and moving assessments to the summer or fall;
-Giving the assessment remotely, where feasible;
-Shortening the state assessment, to make testing more feasible to implement and prioritize in-person learning time.

The USDE also recognizes that individual states may need additional assessment flexibility based on the specific circumstances across or within the state. The USDE is prepared to work with states to address their individual needs and conditions while ensuring the maximum available statewide data to inform the targeting of resources and support.

In addition to encouraging flexibility around assessments, the USDE is allowing states to request a waiver for the Every Student Succeeds Act’s accountability and school identification requirements. This flexibility will explicitly include waiving the accountability provisions relating to having a 95 percent test participation rate.

The USDE’s letter to Chief State School Officers outlining its plans for the 2020-2021 school year can be found here

Nellie Bly Scholarship Program Aimed at Helping 44,000 PASSHE Students Afford College (February 20, 2021)

At a press conference, Governor Tom Wolf held a press conference to discuss how his historic Nellie Bly Scholarship Program would provide need-based financial assistance for students at 14 universities in the state’s system.

“Our country has a student loan debt crisis and it’s a burden that lasts for years and holds young people back from starting a family, buying a home and saving for retirement,” said Gov. Wolf. “I am proposing the Nellie Bly Scholarship Program to help college students build lives in their communities rather than struggling to pay student loan bills every month.”

The Nellie Bly Scholarship Program provides a scholarship to full-time undergraduate students at the 14 Pennsylvania State System of Higher Education (PASSHE) universities who have a household income of under $104,800. For the most economically disadvantaged students, the scholarship covers the tuition and fees gap not covered by a student’s Pell and PA State Grants. In exchange, the students agree to stay in Pennsylvania after graduation for the same number of years for which they receive the benefit or the scholarship becomes a low-interest loan. The scholarships benefiting 44,000 students would be funded by repurposing $199 million in slot machine revenue that is directed to the Pennsylvania Race Horse Development Trust Fund. Approximately 80 percent of the revenue goes to purses for horse owners, many of whom are from other states or countries. The fund has provided more than $3 billion over 16 years to subsidize the single private industry, which should be ready to support itself in a free-market capitalist economy. This $3 billion in addition to the traditional support the industry receives from the commonwealth including payments from the Pari-mutuel Wagering Tax and Clean and Green, a preferential tax assessment program, among others.  The fund would still support health and pension benefits for horseman organizations as the original slots law intended.

To learn more, click here.