Category: Government Actions

DOJ Releases Report on its Critical Incident Review of the Response to the Mass Shooting at Robb Elementary School in Uvalde, Texas (January 18, 2024)

On January 18, 2024, the U.S. Department of Justice (DOJ) announced the release of a report on its critical incident review of the law enforcement response to the tragic school shooting at Robb Elementary School. Attorney General Merrick B. Garland announced the review shortly after the tragedy on May 24, 2022, in which 19 children and two teachers died at Robb Elementary School in Uvalde, Texas. The 575-page report is the most thorough description of the critical incident review that has taken place over the past 20 months since the May 2022 school shooting that left 19 students and two teachers dead.

According to the report, “The law enforcement response at Robb Elementary on May 24th, 2022 — and the response by officials in the hours and days after — was a failure. As a consequence of failed leadership, training, and policies, 33 students and three of their teachers — many of whom had been shot — were trapped in a room with an active shooter for over an hour as law enforcement officials remained outside. We hope to honor the victims and survivors by working together to try to prevent anything like this from happening again, here or anywhere.”

The report examines the multiple failures in the response to the tragedy, including the breakdowns in leadership, decision-making, tactics, policy, and training that contributed to those failures. It describes the responding officers’ most significant failure as not treating the incident throughout as an active shooter situation and using the available and sufficient resources and equipment to push forward immediately and continuously to eliminate the threat. Although several of the first officers on the scene initially acted consistent with generally accepted practices to try to engage the subject, once they retreated after being met with gunfire, the law enforcement responders began treating the incident as a barricaded subject scenario rather than as an active shooter situation. In all, there was a 77-minute gap between when officers first arrived on the scene and when they finally confronted and killed the subject.

To view the DOJ press release, click here.

U.S. Supreme Court Once Again Fails to Address Transgender Restroom Use in Schools (January 17, 2024)

On January 16, 2024, the U.S. Supreme Court (SCOTUS) declined to consider a case on involving an Indiana school district’s policies banning transgender students from using bathrooms that align with their gender identities. It was hoped that SCOTUS would settle the ongoing controversy over the use of student restrooms by transgender students. Presently, confusion over conflicting lower court decisions have created an unsettling atmosphere with regard to whether Title IX allows students to access restroom facilities that differ from their sex assigned at birth. In fact, appellate court decisions are inconsistent, and school districts are adopting policies that vary across the country according to state and local laws.

According to a report by K12 Dive, in deciding not to hear the case, SCOTUS let stand an August 2023 decision by the 7th U.S. Circuit Court of Appeals that the Metropolitan School District of Martinsville, IN and the student’s former principal likely violated Title IX by barring transgender students from bathrooms aligning with their gender identities.

The Metropolitan School District v. A.C. case is not the first of its kind to appear before SCOTUS. In fact, in 2020 SCOTUS decided in the landmark case Bostock v. Clayton County that LGBTQ+ discrimination falls under unlawful sex discrimination in the workplace. However, in Bostock SCOTUS specifically declined to address transgender policies in schools.

Source: K12 Dive and the SCOTUS Blog.

PDE Releases Indicator 14 Reporting Requirement Info to LEAs (January 16, 2024)

On January 16, 2024, PDE Bureau of Special Education Director Dr. Carole L. Clancy, sent a PENN*LINK message to LEAs titled State Performance Plan Data Requirements – Postsecondary School Survey (Cohort 4 Exit). In the meme, she explains that the accountability requirement under the federal Individuals with Disabilities Education Act of 2004 (IDEA) mandates that each state determines the extent to which students are achieving transition outcomes (State Performance Plan – Indicator 14). To meet the federal reporting requirement, each local educational agency (LEA) is mandated to administer an Exit Process and Post-School Surveys to students (who have graduated, dropped out or reached the maximum age) with individualized education programs (IEPs) once over a five-year period, based on the LEA’s assignment to a targeted sampling year.

For the 2023-2024 school year, LEAs assigned to target sampling Cohort 4 are required to administer the My Plan for Success (MP4S) Exit Process. During 2024-2025 these same LEAs will be required to complete the Post-School Surveys.

The following information specifically addresses the Exit Process administration for 2023-24. LEAs assigned to target sampling Cohort 4, as listed below, are required to address the following:

  • Administer the Exit Process for all student leavers (graduates, dropouts, and students who reach maximum age) who have IEPs. To access information from the September 21, 2023 webinar regarding the administration of the Exit Process, including a Frequently Asked Questions document and supporting handouts from the training, visit the webpage at PaTTAN – My Plan for Success (MP4S) Exit Process Overview and Procedural Training.
  • Participate in the My Plan for Success (MP4S) Cohort 4 – The Exit Process Overview and Procedural Training Webinar scheduled for February 21, 2024, from 9:00 a.m. to 11:00 a.m. Registration is required and may be accessed directly at https://www.pattan.net/Events/Webinar/Course-1838/Events/Session-38480. Please note if you registered for the September 21, 2023, training, you are already registered.

For questions about the MP4S Exit Process or Indicator 14, please contact PaTTAN Educational Consultant, Hillary Mangis, [email protected].

PDE Seeking Applicants for a State School Psychologist Gifted Advisory Committee (January 13, 2024)

On January 12, 2024, PDE Bureau of Special Education Director Dr. Carole L. Clancy, sent a PennLink memo to LEAs titled Seeking Applicants for a State School Psychologist Gifted Advisory Committee. According to the memo, the Pennsylvania Department of Education (PDE) is accepting applications until February 12, 2024 from certified school psychologists who have an interest in sharing professional expertise in the field of gifted identification, services, and programs by serving on a School Psychologist Gifted Advisory Committee.

PDE is responsible for ensuring that all school districts and other school entities providing gifted education services, whether directly or by contractual arrangements, administer gifted education identification, services, and programs in compliance with applicable state laws and regulations.  At the request of the State Board of Education, PDE is forming an advisory committee to provide input on the criteria currently used to determine whether a student is mentally gifted.

The panel will meet virtually 4-5 times between March 2024 and March 2025. Some work may be required between meetings.

Questions may be directed to [email protected].

Gov. Shapiro Releases Statement on the Basic Education Funding Commission’s Report (January 12, 2024)

On January 11, 2024, following the report and recommendations released by the Basic Education Funding Commission, Governor Josh Shapiro released the following statement:

“Last year, Commonwealth Court directed my Administration, legislative leaders, and education advocates to work together to ensure every child in Pennsylvania receives an adequate and equitable education. The report adopted today by the Basic Education Funding Commission is a reflection of that work and of the consensus across Pennsylvania, and among leaders in both parties, that there is a real path forward to deliver a comprehensive solution on K-12 education in Pennsylvania. I want to thank the members of the commission and their staff for all their hard work over these many months.

“Today’s report acknowledges that additional, targeted investments in public education are necessary to adequately meet the needs of school districts throughout Pennsylvania. The report also addresses a number of priorities of mine that continue the critical investments we have already made – including mental health supports for our kids, resources to repair, maintain, and secure school facilities, and efforts to increase and support our teachers.

“I look forward to addressing these points when I deliver my budget to the Legislature in a few weeks, and to continue working with leaders in both parties in order to deliver a thorough and efficient public education for students across our Commonwealth.

“As I said in my first budget address: we must approach this responsibility with hope and ambition – because this is a once-in-a-lifetime opportunity for us to do right by our kids, to fund our schools, and to empower parents to put their kids in the best position for them to succeed.”

In his first year in office, as the only Governor in the nation with a divided legislature, Governor Shapiro’s budget provided:
-A $567 million increase in basic education funding;
-A $46.5 million increase to provide universal free breakfast for K-12 students;
-$175 million for environmental repairs and upgrades in Pennsylvania schools;
-A $50 million increase in special education funding;
-A $23.5 million investment in workforce training and vo-tech programs;
-$100 million for student mental health; and
-$10 million for student teacher stipends.

Source: www.pa.gov