Earlier this week, the Pennsylvania Department of Education (PDE) released an Emergency Instructional Time Template for schools using alternate pathways to meet instructional time requirements during the 2020-21 school year. The template supplements guidance disseminated by PDE earlier this month (click here to view) that maintains that the PA School Code authorizes school boards to implement temporary operations during times of certain emergency in order to meet the 180-day, 900-hour or 990-hour requirements.

The Emergency Instructional Time Template addresses the school’s legal requirements and provides a review and approval process. Completed templates may be submitted to PDE either as its own document or as an addendum to a school’s Health and Safety Plan.

To access the Emergency Instructional Time Template, click here.

According to the Associated Press, as PA’s schools look at ways to safely transport students to school, one plan being considered was to install plastic barriers around school bus drivers. However the PA Department of Transportation (PennDOT) rejected that idea claiming there is no evidence that such a measure would make anyone safer, despite it’s being proposed to protect drivers.

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 – 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.  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 1–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 “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 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, BSE’s “Guidelines for De-escalation and the Use of/and Reporting of Restraints in Education Entities” 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].

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 “benefit tremendously” 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.

On July 6th, the Pennsylvania Education Department (PDE) posted a Q&A on its website, clarifying how the PA Health Department’s (PDH) latest mask mandate applies to schools and students. Click here to view the full Q&A or go to :

https://www.education.pa.gov/Schools/safeschools/emergencyplanning/COVID-19/Waivers/MaskWearing/Pages/default.aspx