Category: State Government Actions

BSE Sends LEAs Reminder to Complete RISC Report by July 15th (July 12, 2020)

On July 10, 2020, Carole L. Clancy, PDE Director the Bureau of Special Education, released a memo titled 2019-2020 School Year Restraint Information System Collection Tracking and Training ā€“ Fourth Quarter Reporting Window reminding LEAs that the Restraint Information System Collection (RISC) is now open for data entry for the fourth quarter (restraints occurring between April 1-July 15). The deadline to submit fourth quarter data is July 15, 2020. In March 2020, the Bureau of Special Education (BSE) waived the March 31, 2020 deadline for the RISC reporting responsibilities for the third quarter.Ā  Local education agencies (LEAs) that have not entered past restraints or have restraints still in process should enter these in the RISC system as part of fourth quarter reporting. LEAs that have zero (0) restraints to report for the fourth quarter will follow the format of reporting zero (0) restraints during the July 1ā€“July 15, 2020 reporting window. The RISC system will remain open for any Extended School Year reporting of restraints to provide reporting opportunities for educational entities that may be able to resume normal operations during the summer. BSE requires 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 RISC reporting design provides an ā€œEnd Dateā€ for LEAs to comply with their end of quarterly reporting. In addition, there is a two-week window date labeled ā€œLast Day to Reportā€ to allow LEAs to gather and report on those students who 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.
BSE will continue to monitor the restraint information reported by LEAs. RISC continues to require each LEA to report the event prior to the incident; the incident; the unsafe behavior; and the de-escalation techniques utilized.
The LEA must notify the parent(s) of the use of a restraint and schedule an Individualized Education Program (IEP) meeting within 10 school days of the use of the restraint in the educational program, unless the parent(s), after written notice, agree(s) in writing to waive the IEP meeting. Additionally, restraints occurring during Extended School Year sessions should be reported within three weeks of the start of the school year.
In reviewing restraints submitted in RISC, 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 waivers;
  • Mechanical restraints;
  • Injuries;
  • Number of restraints; and
  • 10-day window (school days) to convene an IEP meeting after a restraint occurs.

 A RISC reporting webinar is posted on the RISC site at https://apps.leaderservices.com/_risc/index.aspx. The RISC reporting webinar link is located below the login box of the Leader Services RISC sign-in page. This webinar explains the reporting process and how to use the RISC system. 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, BSEā€™s ā€œGuidelines for De-escalation and the Use of/and Reporting of Restraints in Education Entitiesā€ is available for review on the RISC site. Questions regarding RISC should be directed to Special Education Adviser: Keith Focht at 717.783.6921 or [email protected].

Deputy Stem Addresses State Board on School Re-opening (July 10, 2020)

At its virtual meeting on Wednesday, July 8th, Deputy Education Secretary Matthew Stem told the PA State Board of Education the PA Department of Education (PDE) is urging schools across the state to offer some form of in-person instruction in the fall. According to Deputy Stem, there is evidence that shows that students ā€œbenefit tremendouslyā€ from in-person classes. He recognized that putting together in-person instruction is challenging during a pandemic, but it is something that students will benefit from and schools are encouraged to create models whereby in-person instruction is present.

Deputy Stem also pointed to a recent PDE study on re-opening schools. That research showed that any re-opening of schools with an in-person component is likely to increase infections in children and staff, which is in line with other research that  has shown that part-time (e.g., one or two days per week) schedules involving smaller groups of students is probably most effective in minimizing the risk of coronavirus outbreaks. Deputy Stem also cautioned that schools must be prepared to move to a remote learning approach should such outbreaks occur in the school or community.

Deputy Stem also noted that PDE guidelines are not enforceable and schools will decide how they will re-open, including how instruction will be delivered, as they balance education and health considerations.

To view the PDE study on re-opening PA schools, click here.

PDE Announces New Eligibility Guidelines for Free and Reduced School Meals Announced for the 2020-21 School Year (July 9, 2020)

The Pennsylvania Department of Education (PDE) has announced that updated federal income eligibility guidelines for free and reduced-price school meals and free milk for the 2020-21 school year have been released by the U.S. Department of Agriculture (USDA). The new guidelines took effect July 1, 2020.

Schools, and other institutions and facilities, use these guidelines to determine eligibility for the National School Lunch Program, the School Breakfast Program, the Special Milk Program for Children, the Child and Adult Care Food Program, and the Summer Food Service Program.

ā€œFood insecurity affects families across the commonwealth, and it is an issue that the department, in collaboration with other state agencies and outside partners, has worked hard to address,ā€ said Secretary of Education Pedro A. Rivera. ā€œPrograms like free and reduced-price meals are vital to providing at-risk students with critical nourishment, which helps them improve their overall health and well-being, and stay focused and perform better in school.ā€

Rivera noted that the breadth of food insecurity was evident and a major concern during the state-mandated school closure due to COVID-19 from March through June, but that communities around the state mobilized to continue to provide meals. As a result, more than 24 million meals were served during the school closure.

To apply, households receiving benefits from the Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) need only include the SNAP or TANF case number on their application. Households enrolled in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) may qualify for free or reduced-price school meals and should complete a Household Meal Benefit Application. Other households can find more information on the stateā€™s COMPASS websiteOpens In A New Window.

For more information, please click here.

PDE Issues CARES Act Funds Guidance in Light of USDE Rule Change (July 7, 2020)

Pennsylvania has received $523.8 million in emergency, one-time federal CARES funds to help schools respond to COVID-19 impacts. PDE recommended a calculation for distribution of funds to private schools that differs from the non-binding guidance issued by USDE in April. In issuing its own guidance, PDE noted that the federal guidance advised that funds must be reserved to provide equitable services to all private schools, regardless of income. PDE suggested this is inconsistent with the CARES Act goal of ensuring that the emergency funds reach the most vulnerable students.
 
With the new interim final rule now effective, PDE is looking at the next steps necessary.  PDE’s current guidance expressly challenges and disagrees with the USDE interpretation of how the CARES Act directs equitable services proportions to be calculated. However, PDE has not yet updated that guidance in response to the USDE interim final rule. School districts should watch for updated PDE guidance in the near future, which it is anticipated will explain the legal basis for any continuing disagreement with the interpretations reflected in the USDOE interim final rule. Although in the view of PSBA the interpretation reflected in PDE’s current guidance more closely tracks the text of the CARES Act, at this point it is unknown whether such disagreements will lead to legal challenges in court or how such challenges are likely to be resolved. It is advised that districts put off committing to a particular approach to calculating equitable services at least until updated PDE guidance is available.

Sincere thanks to PSBA for the information provided herein.