BSE Revises Application Process for RTI Use in Identifying SLD Students (April 24, 2022)

On April 21, 2022 PA Bureau of Special Education Director Carole L. Clancy disseminated a PennLink to LEAs titled Special Education Plan Requirements – Identification of Students with Specific Learning Disabilities using Response to Intervention. The memo states that in response to the continued burden of the COVID-19 pandemic, the Bureau of Special Education (BSE) has revised the application process for utilizing Response to Intervention (RTI) to identify students with a Specific Learning Disability (SLD). Initial applications for school districts and charter schools may be submitted on an on-going basis. There is no deadline for submission.

The revised process requires school districts and charter schools to submit the RTI for SLD Determination Fidelity Tool as the application to PDE. The RTI for SLD Determination Fidelity Tool will be used district-wide or for building levels (i.e., elementary, middle and/or high school). Additional information and the RTI for SLD Determination Fidelity Tool are available on the PaTTAN website.

Each local education agency (LEA) must partner with their local Intermediate Unit and/or respective PaTTAN Multi-Tiered Systems of Support (MTSS) lead consultant to conduct a comprehensive review using the fidelity tool and to receive assistance with the process.

Please contact the following PaTTAN MTSS designees for support: Dr. Jennifer Collins, State Lead ([email protected]) – Harrisburg; Karen Brady ([email protected]t) – Harrisburg; Dr. Sielke Caparelli ([email protected]t) – Pittsburgh; Sherry Hartman ([email protected]) – East.

Upon review of all documentation, BSE will issue a letter indicating the application is approved, disapproved, or requires revision.

LEAs currently approved to implement RTI for SLD Determination are advised to continue to use the RTI for SLD Determination Fidelity Tool for internal assessment and improvement.

Additionally, LEAs are required to outline use of RTI for SLD Determination as part of the required submission for the district comprehensive special education plan and charter school annual report assurances within the Future Ready Comprehensive Planning Portal (FRCPP).

Questions related to this message may be directed to Shannon Eye, Special Education Adviser, at 717-829-5113 or [email protected].

Reminder: Act 1 Requires LEAs to Assign Single Point of Contact to Help Students Experiencing “Educational Instability” to Graduate (April 22, 2022)

SB 324 was signed into law by Gov. Tom Wolf and became Act 1 of 2022 on January 26, 2022. Pursuant to the Act, school districts are required to assign an individual who acts as a single point of contact to students experiencing educational instability (those who make one or more changes in school entity enrollment during a single school year due to homelessness, adjudication, dependency, delinquency, or as part of court-ordered  services under a voluntary placement or custody agreement). This point of contact person helps students coordinate and be rapidly placed in appropriate courses; helps be connect students with mental health resources; ensures that academic records are obtained (which must be provided within ten business days) and credits are accurately transferred to their new school; creates a written “graduation plan” covering grades 9 through 12 describing the courses and other activities the student must complete to graduate in a timely manner; and ensures that any services or supports required under an existing IEP or Section 504 service agreement are implemented immediately as required by law.

In addition, pursuant to Act 1 of 2022, school districts may, but are not required to, waive a course requirement for graduation if similar course work has been satisfactorily completed in another district or if the student has demonstrated competency in a content area. If it declines to waive course requirements, the school district may not determine that a student is ineligible to graduate unless it provides him/her with an alternative or modified course of study currently available to any other student that will assist the affected student in establishing his/her competency. 

If after taking these steps, a school district determines that an affected student is ineligible to graduate, officials may, but are not required to, request that his/her prior school district issue a diploma for the student. The student’s prior district may, but is not required to, issue the diploma if the student has met its graduation requirements.

Also pursuant to the Act, students who have experienced educational instability and who transfer to another school entity, have the right to participate in extracurricular and student sponsored activities as long as they meet qualification requirements.

The Act also requires the PA Departments of Education (PDE) and Human Services (DHS) to issue “guidance and best practices” within 180 days of its enactment.

To View Act 1 of 2022, click here.

Increase in Governor’s 2022-23 Budget for Pre-K Ed. is Highlighted (April 22, 2022)

On April 20, 2022, First Lady Frances Wolf moderated a virtual conversation with Pre-K for PA highlighting the proposed investments in early childhood education in Governor ​Tom Wolf’s 2022-23 budget and the impact they could have on families and the industry. Deputy Secretary of Pennsylvania’s Office of Child Development and Early Learning Tracey Campanini also joined the conversation to provide more details about the budget proposals.  

Mrs. Wolf spoke with pre-k teachers and administrators about how the proposed budget addresses the effects of the pandemic on early childhood education, their workforces needs, and the demand for high quality early childhood education programs.  

Also mentioned is how the Wolf Administration has prioritized increasing Pennsylvania’s educational opportunities. In the past seven years, Governor Wolf has secured an additional $1.8 billion in funding for pre-k through college.   

Understanding that children who participate in high-quality pre-k programs perform better in school, are more likely to graduate, and earn more throughout their lives compared to peers without access to early learning programs, the governor’s 2022-23 budget proposes a $60 million increase in Pre-K Counts funding and $10 million increase in funding for the Head Start Supplemental Program. This new funding will allow more than 2,300 additional children to enroll in the state’s high-quality early learning programs. 

The governor’s 2022-23 budget proposal also includes: 

  • Stabilizing childcare and ensuring equal access for families through $77.7 million in additional federal funds to support increased Child Care Works base rates; $44.3 million to reduce co-payments for Child Care Works families; and $6.1 million to incentivize non-traditional childcare to increase access for parents that do not work a traditional schedule. 
  • Increasing access to early intervention (EI) services, which provide children up to age five with developmental delays with a range of developmental and social-emotional services, including speech and language, occupational and physical therapies, and social work services. With an additional $1.2 million, postpartum depression will be added as an eligible tracking category for early identification of need for EI services, which will improve well-being and health outcomes for infants and their families. With these resources in place, programs will be able to meet the needs of 63,000 children in this fiscal year. 

The full virtual roundtable visit can be found at www.pacast.com.

PA’s DHS and L&I Promote Economic Opportunity for Students with Autism (April 20, 2022)

​On April 19, 2022,  Pennsylvania Department of Labor & Industry (L&I) Secretary Jennifer Berrier and Pennsylvania Department of Human Services (DHS) Acting Secretary Meg Snead announced their commitment to promoting competitive integrated employment for individuals with disabilities and to highlight a program that assists students with autism with the transition from high school to college and, ultimately, the workforce.

Highlighting West Chester University’s Dub-C Autism Program (D-CAP) as one of several throughout the commonwealth supported by the Wolf Administration’s 2017 initiative to offer financial and administrative support to students with autism in their pursuit of higher education and competitive employment, the pair said the initiative is supported by L&I’s Office of Vocational Rehabilitation (OVR).

Through this program, OVR supports D-CAP students by helping them identify a career track and prepare for competitive, integrated employment. OVR also provides financial assistance of up to $2,500 per student per semester to those who attend D-CAP, depending on the level of support needed. OVR is currently providing financial support to 52 students in the program.

DHS’s Office of Developmental Programs (ODP) provides services and supports to Pennsylvanians with Autism Spectrum Disorder and their families and caregivers. This includes services that support integrated and meaningful employment for adults with autism.

The D-CAP program has expanded to include multiple overnight, on-campus College Autism Readiness Retreat (CARR) summer programs for students with autism. West Chester’s HYPE  program — High School Youth Preparation for Higher Education — also prepares students by helping them to obtain experience in a field of interest, exposing them to a college-living environment and improving their community integration skills. The program includes after-school classes with hands-on learning experiences during the school year at Southeastern Pennsylvania Autism Resource Center (SPARC), peer mentoring, parent education and support program, and a summer program that includes instruction and campus experiences at West Chester University.

More information on DHS’ resources for people with autism can be found here or at www.everydaylives.org.

To view the press release, click here.

PA Human Relations Commission Proposes New Regulations (April 11, 2022)

 On April, 9, 2022, the Pennsylvania Human Relations Commission, the state’s civil rights enforcement agency, released proposed regulations that will help to enforce the rights granted in the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act (PFEOA) for individuals to be free from discrimination because of their race, religious creed, or sex.

“The PHRC is continually looking for ways to improve protections for citizens of the Commonwealth,” PHRC Commission Chair Joel Bolstein, Esq. said. “These regulations follow our policy guidance that started in 2016 and was adopted by the Commission in 2018. After the U.S. Supreme Court’s ruling on the Bostock case of 2020, we began drafting new regulations relative to these classes.”

The PHRC enforces the PHRA and the PFEOA, which protect individuals from being discriminated against because of their protected class which include race, color, national origin, religious creed, sex, disability, age (40 and older) and use of a service animal.  The PHRC is proposing new regulations to specifically define the protected classes of race, religious creed, and sex under the PHRA and the PFEOA. Under the PHRA, protections from discrimination are available in the context of employment, housing, public accommodations, and educational institutions.  Under the PFEOA, protections are available for certain educational institutions.

The Pennsylvania Bulletin will publish the proposed regulations on April 9, 2022.  The public comment period will be open for thirty (30) calendar days — from April 9, 2022, until May 9, 2022.  Public comments may be submitted to: [email protected]. The PHRC will respond to every comment received as part of the PHRC’s final-form regulation.

The proposed regulations can be found at http://www.irrc.state.pa.us/regulations/RegSrchRslts.cfm?ID=3350.

In in its most recent fiscal year, PHRC docketed 3,860 cases alleging discrimination in the subject areas within its jurisdiction.  A copy of PHRC’s most recent Annual Report is available through this digital link: https://indd.adobe.com/view/de698fd2-6197-4949-81fb-be42482d0f2c.