Category: Government Actions

School Districts reminded that PA Career Standards Benchmark to be Completed in 2018-19 (December 11, 2018)

On November 29, 2018, PDE released a memo reminding school districts that Pennsylvania’s Career Standards Benchmark, a federal ESSA accountability indicator, begins full implementation in the 2018-19 school year.  Thus, at the conclusion of this school year, it is expected that students will have successfully demonstrated engagement in the PACareer Education and Work Standards by meeting the benchmark as follows:

  • Grade 5 (6 pieces of evidence)
  • Grade 8 (6 pieces of evidence, one piece of evidence must be the career plan)
  • Grade 11 (8 pieces of evidence, portfolio showing implementation of the career plan)

In the 2017-18 school year, PDE developed a Career Readiness guidance document, an Industry Based Learning guidance document,and several Future Ready PA Index e-messages and webinars.  Many valuable career readiness resources are available on the SAS homepage.  Resources include links to career readiness resources, FrequentlyAsked Questions (FAQ), K-12 Guidance Plan Self-Assessment Rubric, and SpecialEducation Career Readiness Activities and Evidence Resource Guide(essentialization of alternate eligible content). PDE continues its commitment to provide LEAs with quality resources to aid in the implementation of the Career Standards Benchmark.Any questions should be addressed to Career Readiness Advisor Laura Fridirici [email protected].

Contingency Fund Applications Due January 4th (December 11, 2018)

The Pennsylvania Department of Education (PDE) began accepting applications for the Special Education Contingency Funds for Extraordinary Expenses on November 19, 2018.  Interested local educational agencies (LEAs) have until January 4, 2019 to submit applications.

 The application and review process for the 2018-19 school year is specified in the Contingency Funds Guidelines.  Applications for the Special Education Contingency Funds should be submitted electronically through the contingency funds request system website at https://apps.leaderservices.com/cfunds.  LEAs that have not previously used the system may request a password from Leader Services by emailing[email protected].  The LEA’s address will be verified and a password will be issued, along with the information regarding the primary account.

Questions regarding Special Education Contingency Funds for Extraordinary Expenses should be directed to Dr. Del Hart, Chief, Division of Analysis and Financial Reporting, at 717.772.1114 or [email protected].

Two Commonwealth Court Decisions Could Have Big Effect on School Districts (December 10, 2018)

Two Commonwealth Court rulings could have far-reaching consequences for PA schools. In one case, on December 6, 2018 a Commonwealth Court judge set a summer 2020 trial date for a landmark public school funding case involving the William Penn School District in Delaware County.  Historically, Pennsylvania courts have dismissed challenges to the Commonwealth’s public school funding system, but last year the PA Supreme Court reinstated a lawsuit challenging the funding system. The nearly five-years-old lawsuit accuses the state of failing to provide enough funding for public schools, forcing public school districts to greatly rely on local taxpayers. The suit also claims that state funding discriminates against students based on where they reside, since financially strapped school districts in poor communities are limited in their ability to raise adequate tax revenue.

A second Commonwealth ruling on December 3, 2018 stated that some school bus video can be considered public under the state’s Right to Know Law in a 2016case involving a principal’s wife charged with accosting a student. A television reporter’s request for a copy of the incident was challenged by the school district involved. As a surprise to some, the court rejected the school district’s argument that all surveillance videos must remain secret because they contain private student information, pertain to funding, and are related to investigations. As claimed by the school district, the law currently states that records are not public if tied to ongoing criminal and/or internal investigations, if releasing them could jeopardize federal or state funding, or if they contain private information that is not part of an official government record. However, the plaintiff appealed the school district’s denial to the Pennsylvania Office of Open Records (OOR), which ruled against the school district. OOR averred that the video was incidental to a noncriminal investigation. The school district then appealed OOR’s ruling to County Court and lost there when it was ruled that the tape was not part of the student’s official, permanent record as defined by FERPA. The Commonwealth Court ruling stated that, “The mere fact that a record has some connection to an investigation does not automatically exempt it under … the Right-to-Know Law.” The school district is expected to appeal the ruling. It is also expected that there will be pressure on state lawmakers to change the public records law involving school videos so they are treated similar to police videos.

PCCD Announces Act 44 Fund Availability (December 7, 2018)

On December 6th, the Pennsylvania Commission on Crime and Delinquency’s (PCCD) School Safety and Security Committee announced the availability of funds to implement projects to reduce and/or prevent violence for specific purposes.  One aspect of Act 44 of 2018 includes up to $7.5 million in funding for the following purposes:

1.      Increasing access to quality trauma-informed support services and behavioral health care by linking the community with local trauma support and behavioral health systems.

2.      Providing health services and intervention strategies by coordinating the services provided by eligible applicants and coordinated care organizations, public health entities, nonprofit youth service providers and community-based organizations.

3.      Providing mentoring and other intervention models to children and their families who have experienced trauma or are at risk of experiencing trauma, including those who are low-income, homeless, in foster care, involved in the criminal justice system, unemployed, experiencing a mental illness or substance abuse disorder or not enrolled in or at risk of dropping out of an educational institution.

4.      Fostering and promoting communication between the school entity, community and law enforcement.

5.      Any other program or model designed to reduce community violence and approved by the committee.

 All interested applicants are encouraged to review the 2019 Community Violence Prevention/Reduction solicitation for more information on the specific requirements. Interested parties are asked to click on this link to review the solicitation:https://www.pccdegrants.pa.gov/Egrants/Public/OpenAnnouncements.aspx.

In Response to Pressure, USDE Releases Updated OCR Manual (November 22, 2018)

The US Department of Education’s (USDE) Office for Civil Rights (OCR) released an updated Case Processing Manual, effective November 19, 2018. The manual, which provides guidance on how cases are to be handled, can be viewed at https://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.pdf

Of particular note is that OCR is in essence reversing itself in a number of areas pertaining to how it investigates civil rights claims. The changes eliminate language added in March 2018 that called for investigators to dismiss multiple complaints originating from the same source. Another change in language also now assures that OCR will conduct investigations of complaints that were dismissed as per the previous rule change. Many special education and civil rights advocates had decried the changes made in March, and many filed lawsuits to challenge those changes.

However, it is important to note that the newly revised manual continues to direct investigators not to consider each complaint for evidence of systemic discrimination. Instead, investigators will look for evidence of broader discrimination “only where it is appropriate to do so in light of the allegations or based on facts ascertained in the investigation.” This investigative approach is a holdover from the March revisions, which had reversed a much different approach previously put into place by the Obama administration.

In addition, USDE is also continuing with both a “rapid resolution process” and “facilitated resolution process” designed to help complainants and school districts to resolve issues quickly with help from OCR. It is also continuing an expanded time frame for negotiating agreements with school districts that have been the subject of complaints.

Many see the new manual changes as a USDE attempt to ease pressure brought on by lawsuits against it that stemmed from the March revisions.  However, some civil rights organizations are still demanding that nearly 700 complaints that were dismissed under the March revisions now be re-opened. Thus, it seems that there will continue to be legal challenges to how OCR will handle complaints as it moves forward with its current manual revisions.