Category: Government Actions

USDJ and PDE Reach Agreement on AEDY Discrimination Complaint (March 31, 2019)

A report by The Notebook says that, after six years, the U.S. Department of Justice (USDJ) has reached an agreement with the Pennsylvania Department of Education (PDE) that recognizes discriminatory practices in PA’s programming for students with disciplinary infractions. Following an investigation resulting from an Education Law Center (ELC) complaint, the USDJ found that students with disabilities are disproportionately sent to Alternative Education for Disruptive Youth (AEDY) programs.

Pursuant to the agreement, PDE has started implementing widespread changes to the approval and general oversight of AEDY and believes that these improvements will advance the goal of providing a nondiscriminatory environment for all students.

The USDJ reportedly found violations of the Americans With Disabilities Act and the 1974 Equal Educational Opportunities Act that prohibits discrimination based on national origin. The agreement also requires PDE to ensure that students with disabilities receive individual assessments to determine whether they are being placed in alternative education programs because of their disability.

In the agreement, PDE has agreed to update program guidelines, develop an electronic system to better monitor the AEDYs, implement a complaint system, and improve communication with families and students so they understand their rights. It also will work to ensure AEDY programs have enough faculty with credentials to teach English learners and provide professional development for teachers and others in a position to refer students to disciplinary schools.

Federal Court Rules for Schuylkill County Student in First Amendment Case (March 31, 2019)

Last week, a federal court ruled in favor of a Mahanoy Area High School student in a free speech rights case. In 2017, the former sophomore was removed from the cheerleading squad after making disparaging remarks about the school on Snapchat during a weekend and while she was not at or participating in a school activity. The ruling reinstated the student to the squad while averring that public schools have no authority to discipline students for off-campus speech.

SB 89 Aims to Amend PA School Code in Favor of “Career and Technical” Term (March 31, 2019)

The state Senate Education Committee has unanimously passed SB 89, which would change all mentions of “vocational-technical,” “vocation” and “vocational” to “career and technical” in the PA School Code. Senator Ryan Aument, Senate Education Committee Chairperson, stated that such a measure would show support for career and technical education, while mitigating the stigma attached to vocational education, which he says has resulted in high-achieving students veering away from vocational training at the same time that lower-achieving students are being disproportionately pushed in that direction.

Hands-Only CPR Bill Moves Through PA Senate (March 31, 2019)

On March 27th, the PA Senate unanimously passed SB 115, legislation that would ensure that every PA public school graduate learns how to use hands-only cardiopulmonary resuscitation (CPR) as an attempt to resuscitate someone experiencing  cardiac arrest.  Currently,  38 other states have passed laws or adopted curricula requiring hands-only CPR training for high school students.

Presently, PA’s academic standards require schools to provide CPR instruction by grade 12, and SB 115 would direct PDE to develop a model curriculum that schools can use that provides instruction in hands-only CPR as well as information on automated external defibrillators (AEDs). Schools may also develop their own curriculum.

SB 115 now goes to the PA House for consideration.

https://www.pennlive.com/news/2019/03/bill-would-require-hands-only-cpr-training-for-high-school-students.html

PDE PennLink Outlines Local Educational Agency (LEA) Requirements for Reporting Due Process Resolution Meeting Outcomes (March 24, 2019)

On March 19th, Patricia Hozella, Interim Director of PDE’s Bureau of Special Education, and Carl Beck, Director of PDE’s Bureau of Early Intervention Services and Family Support, released a PennLink communiqué to inform Local Educational Agencies (LEAs)  of their requirements for reporting due process resolution meeting outcomes. Annually, the U.S. Department of Education, Office of Special Education Programs requires the Pennsylvania Department of Education (PDE), Bureau of Special Education (BSE) to report the outcomes of all due process resolution meetings, whether held or not held. LEAs must provide resolution meeting data for all due process complaints initiated by parents. LEA-initiated due process complaints do not require a resolution meeting. PDE meets this federal reporting obligation, in part, through the data collection work by the Office for Dispute Resolution (ODR). ODR collects the data on due process resolution meetings through the Resolution Meeting Data Form (RMDF). BSE addresses any compliance concerns with the data submitted. Currently, LEAs may complete the RMDF online or they may send a paper copy of the completed document to ODR. Effective March 25, 2019, all RMDFs must be submitted online to ODR. Paper copies will not be accepted. This change in procedure is to ensure the efficient collection and compliance review of the data.

The process for entering information is as follows:

1. When ODR sends electronic notification to an LEA that a parent/guardian has requested a due process hearing, that notification will include a link to access and complete the RMDF.

2. Below the link will be the case file number and the password needed to access the form. For example:

                File Number: 11111-18-19

                Password: ####

3. The form will guide the user through a series of questions regarding the resolution meeting process and the case specific outcomes.

4. Once submitted, the user will no longer be able to access and edit the form.

5. An email with a copy of the completed form will be sent to all parties.

6. Questions and technical assistance will be provided by the ODR Resolution Meeting Representative listed on the initial contact email.

The ODR website is https://odr-pa.org/. Questions regarding the RMDF system or responsibilities for entering resolution meeting data should be directed to Karen Eberly at [email protected] or 800.222.3353, option 8.