It has been four decades since there has been a major update to the regulations for Section 504 of the Rehabilitation Act of 1973. Last year, the U.S. Department of Education announced a proposed rule revision, which was originally scheduled to be published in August of this year. However, that never materialized and instead a November publication was expected, but never happened.
When it occurs, the Section 504 update will impact requirements in K-12 and higher education for how schools accommodate students with disabilities. Accommodations that can help remove barriers to learning for students with disabilities could include extended time for test taking, the use of a service animal, and a differentiated school day schedule. Section 504 also requires schools to be physically accessible.
In addition, since some K-12 students qualify for both IDEA services and Section 504 accommodations both Section 504 and IDEA aim to protect the civil rights of students with disabilities, it is anticipated by some that clarity will be provided in this regard, with IDEA addressing learning supports and Section 504 protecting students from discriminatory practices. On the other hand, disability rights advocates see more alignment in certain areas of Section 504 as necessary to ensure students’ needs are being met.
On December 11, 2023, the Pennsylvania Department of Education (PDE) sent a Pennlink to all Chief School Administrators to inform them of an upcoming change to MyPDESuite. Over the past several years, the PDE has been working diligently to transition users from the CompPlan application, hosted by Capital Area Intermediate Unit (CAIU), to the Future Ready Comprehensive Planning Portal (FRCPP), hosted by PDE, for the completion of LEA and school level plans and reports. Functions formerly completed within the CompPlan application have been successfully completed in the FRCPP for the past three years. Therefore, as of July 1, 2024, the CompPlan application and all LEA legacy reports currently stored within the application will no longer be available in MyPDESuite.
If schools would like to retrieve any plans or reports from the CompPlan application, they must do so prior to July 1, 2024. If assistance is needed in retrieving the plans or reports, they must use the directions for pulling plan/report from the CompPlan app. Those needing additional help with this process, should email [email protected]. Additionally, the CAIU help desk ([email protected]) will no longer be available as of July 1, 2024, as an option for support. PDE will provide all the technical and content support for the FRCPP and plans/reports, so please continue to request support at [email protected] or individual PDE Resource Accounts.
The U.S. Department of Education (USDE) has set a new timeline for the release of both of its final Title IX rules revisions, The release is now expected to occur by March 2024, which 10 months later than its original goal of a May 2023 release. The USDE’s two related, but separate, rules are expected to be issued consecutively at that time.
Of the two rules, the broader rule includes protections forLGBTQ+ individuals, which would be occurring for the first time. The other rule will provide a framework for how schools should address the inclusion of transgender students on athletic teams aligning with their gender identities.
Due to the volume of attention given to these controversial issues and the efforts of conservative policymakers to change or block the rule changes, the issuance was delayed for a second time in October.
On December 4, 2023, PDE Bureau of Special Education Director Carole L. Clancy sent a PennLink to all LEAs titled 2023-24 School Year Restraint Information System Collection Tracking and Training Second Quarter Reporting Window. The memo says that the Restraint Information System Collection (RISC) is open for data entry for the second quarter (restraints occurring between October 1, 2023 – January 15, 2024, of the 2023-24 school year). The RISC program has been enhanced and gives local educational agencies (LEAs) greater opportunity to provide both more detail about restraints and to analyze trends in reducing the use of physical restraints.
LEAs are required to report RISC data quarterly during the 2023-24 school year. This includes reporting zero restraints during a quarter when restraints did not occur. Additionally, LEAs still are required to comply with 22 Pa. Code § 14.133(f) or 22 Pa. Code § 711.46(f) Positive Behavior Support related to training of personnel in specific procedures, methods, and techniques. However, 22 Pa. Code § 14.133(f) and 22 Pa. Code § 711.46(f) Positive Behavior Support does not require LEAs to acquire specific certification in the use of restraints and leaves this up to the LEAs and their specific training model. The training of personnel should provide varied intervention and strategies needed to address problem behaviors. The types of intervention chosen for a specific student or eligible young child shall be the least intrusive necessary. The use of restraints is considered a measure of last resort, only to be used after other less restrictive measures, including de-escalation techniques.
The Bureau of Special Education (BSE) continues to require LEAs to report the restraints that occurred in each quarter. This reporting process permits LEAs to report restraints in a timely manner which, in turn, allows LEAs to monitor patterns of episodic behaviors and address them accordingly.
The quarterly windows of reporting for the 2023-24 school year are as follows:
Quarter
Begin Date
End Date
Last Day to Report
Zero Window Opens
Zero Window Closes
1
07/01/2023
09/30/2023
10/19/2023
10/01/2023
10/18/2023
2
10/01/2023
12/31/2023
01/15/2024
01/01/2024
01/15/2024
3
01/01/2024
03/31/2024
04/14/2024
04/01/2024
04/14/2024
4
04/01/2024
06/30/2024
07/14/2024
07/01/2024
07/14/2024
The RISC reporting design provides an “End Date” for LEAs to comply with their end of quarterly reporting. In addition, there is a two-week window date labeled “Last Day to Report” to allow LEAs to gather and report on those students that attend an out-of-district facility where they were placed in a restraint during that quarter. This two-week period is also a designated time for LEAs that had no restraints during the quarter to report zero in RISC. BSE will continue to send out reminder PENN*LINKS about this quarterly reporting requirement.
In reviewing restraints submitted in RISC of school-age students with IEPs, the Special Education Advisers of BSE will continue to focus on LEA monitoring responsibilities, as well as:
Training of staff in de-escalation techniques;
Excessive time of restraint;
Excessive use of parent/guardian waivers;
Mechanical restraints;
Injuries;
Number of restraints;
10-day window (school days) to convene an IEP meeting after a restraint occurs; and
Handcuffing of students, students tased, or students charged with a safe school’s offense;
Excessive law enforcement involved in restraints with staff not involved.
A RISC reporting webinar is posted on the RISC website: apps.leaderservices.com/_risc/index.aspx. This RISC reporting webinar link is located below the login box of the Leader Services RISC sign-in page. This webinar explains the reporting and investigation process and how to use the RISC program. The webinar also shares how to update your LEA’s contact information. All parties involved with RISC are highly encouraged to view this webinar to learn how to report restraints, how to use the system, and to understand the regulatory responsibility of LEAs.
Additionally, the Bureau of Special Education has recently updated the Restraint Information System of Collection (RISC) Program Guidelines. The “RISC Program Guidelines” are available for review on the RISC website.
Questions regarding RISC should be directed to Keith Focht: 717-783-6921 or [email protected] or to the RISC Resource Account – [email protected].
According to PA Department of Human Services (DHS) Secretary Dr. Val Arkoosh, PA’s payment error rate for Medicaid has significantly improved since 2019 and now stands at 2.49 percent compared to 8.85 percent nationally. This makes PA’s rate among the lowest in the country.
Payment Error Rate Measurement (PERM) reviews are conducted every three years and measure improper payments for Medicaid and CHIP. For Pennsylvania’s most recently completed review cycle in 2022, the Medicaid improper payment rate was 2.49 percent and the CHIP improper payment rate was 5.58 percent. Those numbers are significantly lower than the newly reported federal figures for 2023 which show the national Medicaid improper payment rate is 8.85 percent, and the national CHIP improper payment rate is 12.81 percent.
These numbers also showed significant improvement over the 2019 review cycle, when Pennsylvania Medicaid error rate was 14.24 percent and the CHIP error rate was 20.67 percent. The national rates for Medicaid and CHIP were 14.90 percent and 15.83 percent, respectively.
Federal agencies are required to review programs they administer and identify those that may be susceptible to significant improper payments, estimate any improper payments, submit those estimates to Congress, and submit a report on actions the agency is taking to reduce the improper payments. Medicaid and CHIP are programs at risk for significant improper payments because of the large volume of services and expenditures involved.
The Centers for Medicare and Medicaid Services (CMS) developed the PERM program to comply with oversight and reporting requirements. PERM does not measure fraud; it is a measurement of payments made that did not meet legal, regulatory, or administrative requirements and may be overpayments or underpayments.
To learn more about Medicaid, CHIP and how to apply for health coverage, visit dhs.pa.gov.