On January 3, 2018, Dr. Kerry W. Helm, Chief of the Division of Certification Services, Bureau of School Leadership and Teacher Quality, informed all LEAs of Certification Staffing Policies and Guidelines (CSPG) updates that are now in effect in the Commonwealth. A particular update pertinent to pupil services is CSPG 61 – Special Education PK-8 and 7-12 – which added the restriction for Special Education 7-12 to teach 6th grade. All CSPG information is found on the PDE Website.
Category: Government Actions
Federal School Safety Commission Releases Recommendations, Including FERPA Overhaul (December 22, 2018)
On Tuesday, December 18, 2018, the Federal Commission on School Safety, established by the Trump administration following the mass shooting at the Marjory Stoneman Douglas High School in Parkland, Florida, made public its non-binding recommendations noting that, “[i]mplementation of the practices identified in [its] guide is purely voluntary, and no federal agency will take any action against schools that do not adopt them.”
Predictably, U.S. Secretary of Education Betsy DeVos noted that one of the report’s recommendations encourages schools “to seriously consider the option of partnering with local law enforcement in the training and arming of school personnel.” Another predictable recommendation is to roll back Obama administration school-discipline guidance that placed an emphasis on tracking school disciplinary actions by race in order to help ameliorate disparities in how suspensions or expulsions are doled out.
The commission also recommended that Congress update the Family Educational Rights and Privacy Act (FERPA). The report avers that confusion regarding the application of FERPA can hinder the ability of schools and law enforcement to prevent shootings and other violence. For example, the report suggests that, in its current state, FERPA generally prevents schools from sharing students’ educational records with third parties without parental consent and that “[i]t is critical to recognize that some education records may contain information that, if disclosed to appropriate officials, could help prevent students from harming themselves or others.” Further, the report also recommends that the U.S. Department of Education (USDE) clarify how schools should apply FERPA’s existing provisions during safety emergencies. The report similarly recommends that the U.S. Department of Health and Human Services review laws and guidance related to the sharing of sensitive health information to help health care providers to share information regarding those who may be a safety threat in schools.
With regard to FERPA, the report also supports the notion that personnel such as a school resource officer be considered a “school official” and/or an “appropriate party” as an exception under the law and that such an officer could thus disclose personally identifiable information from a student’s educational record without parental consent to individuals determined to have a “legitimate educational interest” in such information when ensuring the health and safety of those within the school environment. The report also recommended that USDE provide technical assistance to schools specifying what they may disclose to such staff members with regard to relevant disciplinary information about students. The report also recommends USDE guidance be provided in certain circumstances, such as wide-ranging natural disasters or events that disable a school district’s data or communication centers, allowing a state department of education to invoke FERPA’s health and safety emergency exception to disclose students’ personal information on behalf of a school district that cannot do so itself.
The report also addresses the issuance of school surveillance footage with local law enforcement units and recommends that districts create a “media plan” to disseminate information in the event of a shooting.
The report further recommends analysis of the Health Insurance Portability and Accountability Act (HIPAA) to help facilitate greater coordination between mental health providers, school personnel, and law enforcement.
Whether or not the federal government looks at revising FERPA remains to be seen, since previous such efforts have not come to fruition.
PDE Releases Special Ed. Form Revision Guidance (December 18, 2018)
Ann Hinkson-Herrmann, PDE Bureau of Special Education Director released a Penn*Link email on December 18, 2018 titled Revised Special Education Forms informing local educational agencies (LEAs) that certain special education forms on the Pennsylvania Training and Technical Assistance Network (PaTTAN) website have been revised. The revisions to the special education forms are a result of a change in terminology replacing mental retardation with intellectual disability in both 22 PA Code Chapter 14 and 22 PA Code Chapter 711. The revisions to the special education forms also bring Pennsylvania School Code into alignment with federal regulations and the Individuals with Disabilities Education Act of 2004. The revised special education forms are effective immediately and include Non-Annotated forms such as Procedural Safeguards Notice; Procedural Safeguards Letter; Evaluation Report; Reevaluation Report; and Individualized Education Program (IEP). Annotated forms are Agreement to Waive Reevaluation; Permission to Reevaluate — Reevaluation Request Form; Evaluation Report; Reevaluation Report; and Individualized Education Program (IEP).The revised special education forms can be found on the PaTTAN website at www.pattan.net. The Special Education Forms tab is located on the top of the home page for easy access to the revised forms. LEAs are advised to use the July 1, 2018 special education forms. Questions concerning this information should be forwarded to John Gombocz at 717.772.3745 or [email protected].
2018-19 School Year Restraint Information System Collection Tracking and Training Second Quarter Reporting Window to Open on 1/1/19 (December 14, 2018)
Ann Hinkson-Herrmann, PDE Director Bureau of Special Education, has announced that the 2018-19 school year Restraint Information System Collection (RISC) is open for data entry. The system has been enhanced to give local educational agencies (LEAs) greater opportunity to provide more detail about restraints, as well as analyze trends in reducing the use of physical restraints on students. The second quarter window runs from 10/1/18 to 12/31/18. The last day to report is 1/15/19. The zero window opens on 1/1/19. The zero window closes on 1/15/19.
The Bureau of Special Education (BSE) will continue to require LEAs to report the restraints that occurred in each quarter. This reporting process encourages LEAs to report their restraints in a more timely manner, and, in turn, will help LEAs monitor patterns of episodic behaviors and address them accordingly. Further, BSE’s “Guidelines for De-escalation and the Use of/and Reporting of Restraints in Education Entities” document is available for review. Questions regarding the RISC should be directed to either of the following special education advisers: Keith Focht at 717.783.6921 or [email protected] /Pat Haglund at 814.662.2662 or [email protected].
PDE Announces PA Alternate System of Assessment (PASA) 1.0 Percent Participation Cap in Place for 2018-19 (December 12, 2018)
PDE has announced that the Every Student Succeeds Act (ESSA) 1.0 Percent Participation Cap requirements for local educational agencies (LEAs) administering the Pennsylvania Alternate System of Assessment (PASA) for students with significant cognitive disabilities continues to be in effect for the 2018-19 school year. The PASA 1.0 Percent Participation Cap Justification process has been developed by the Pennsylvania Department of Education, Bureau of Special Education (BSE) in accordance with the requirements of ESSA. ESSA requires Pennsylvania to ensure that the total number of students assessed in each subject, using the alternate assessment for students with significant cognitive disabilities, does not exceed 1.0 percent of the total number of all students in the Commonwealth assessed on the Pennsylvania System of School Assessment (PSSA), Keystone Exams, and PASA. The new PASA 1.0 Percent Participation Cap Justification replaces the previously required 1.0 Percent Mandated LEA Waiver application. The LEA must complete and submit justification and assurances to BSE if it anticipates exceeding the 1.0 percent participation cap. If the LEA anticipates exceeding the 1.0 percent cap for the 2018-19 testing cycle, the PASA 1.0Percent Participation Cap Justification must be submitted to BSE by January 25,2019. You may access the application by clicking here. Pennsylvania cannot grant approval for a LEA to exceed the federally mandated 1.0 percent participation cap. Any LEA which exceeds the cap may be subject to further review by BSE. Questions regarding this information should be directed to Lisa Hampe, BSE Special Education Adviser, at [email protected];or Lynda Lupp, Statewide Special Education Assessment Coordinator, at [email protected].