On BSE Director Carole L. Clancy disseminated a PennLink titled 2021-22 School Year Restraint Information System Collection Tracking and Training Second Quarter Reporting Window. It stated that the Restraint Information System Collection (RISC) is open for data entry for the first quarter (restraints occurring between October 1 – January 1 of the 2021-22 school year). The system has been enhanced and gives local education agencies (LEAs) greater opportunity to provide both more detail about restraints and to analyze trends in reducing the use of physical restraints.

Throughout the 2021-22 school year, LEAs will be required to report RISC data regardless of their instructional delivery method (in-person, virtual, blended, etc.). This will also include reporting zero restraints during a quarter when restraints did not occur.

In addition, LEAs are still 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 certification in this process 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. These 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 2021-22 school year are as follows:

Qtr 2
Begin Date: 10/01/2021
End Date: 12/31/2021
Last Day to Report: 01/15/2022
Zero Window Opens: 01/01/2022
Zero Window Closes: 01/15/2022

Qtr 3
Begin Date: 01/01/2022
End Date: 03/31/2022
Last Day to Report: 04/15/2022
Zero Window Opens: 04/01/2022
Zero Window Closes: 04/15/2022

Qtr 4
Begin Date: 04/01/2022
End Date: 06/30/2022|
Last Day to Report: 07/15/2022
Zero Window Opens: 07/01/2022
Zero Window Closes: 07/15/2022

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.

BSE will monitor the restraint information reported by LEAs. RISC requires each LEA to report the event that occurred prior to the incident, the incident, the unsafe behavior, and the de-escalation techniques utilized. The LEA must notify the parent(s)/guardians 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)/guardians, 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 of school-age IEP students, 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;
• 10-day window (school days) to convene an IEP meeting after a restraint occurs; and
• Handcuffing of students or students charged with a safe school’s offense.

A RISC reporting webinar is posted on the RISC website: 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 website.

Questions regarding RISC should be directed to Keith Focht: 717-783-6921 or [email protected].

On Tuesday, November 30, 2021, the PA Supreme Court reinstated the mandate imposed by the PA Department of Health requiring students and school staff to wear masks in the K-12 school environment. The reinstatement is in effect at least until the court hears arguments on December 8, 2021.

In early November, despite Governor Wolf’s decision to allow school districts to modify or end the mask mandate for K-12 schools on January 17, 2022, a Commonwealth Court judge ordered the mandate to be lifted on December 4, 2021. Governor Wolf appealed that decision, sending the matter to the PA Supreme Court.

On Wednesday, November 17, 2021, the PA State Board of Education met via virtual means. During the meeting, Ed Sec Dr. Noe Ortega reported that schools are still struggling with the effects of the pandemic. He highlighted the shortages being felt in all staffing areas and stated that PennDOT and the PA School Bus Association have been collaborating with PDE to address the shortage of school bus drivers.

Sec Ortega also said that efforts continue to place COVID-19 mitigation strategies under increased local control. PDE is also endeavoring to measure the impact/effectiveness of ESSR monies, including the identification and sharing of best practices regarding the use of those funds. He also said that efforts regarding addressing the pandemic have resulted in students getting back to the classroom for in-person learning.

The Board and Sec Ortega also discussed the exiting of superintendents and other school leaders from the profession and expressed concerns regarding increased stressors being experienced by those in the field of education. Sec Ortega stated shortages in schools in all areas point out the need to get more people into the “pipeline” for achieving the necessary certifications to attain positions in the school setting.

The Board also heard presentations on Pennsylvania’s pass rates on elementary content teacher licensing tests; the Act 101 Program Report for 2020-21; a report from the College Textbook Policies Advisory Committee; and the annual report of the Professional Standards and Practices Committee. With regard to the latter, a summary of 2020 cases was provided;  it was reported that the state has amended the Code of Professional Conduct and Practices, which went into effect in May 2021; and a focus has been placed on electronic communications between staff and students.  With regard to the act 101 report, it was stated the CARES funding tripled the amount available for 2020-21.

To view the meeting agenda, click here.

The next State Board of Ed meeting will be held on January 12-13, 2022.

In a follow-up opinion issued Tuesday, November 16, 2021, Commonwealth Court Judge Christine Fizzano Cannon ordered an end to the statewide mask mandate for schools effective December 4, 2021.

The judge’s order reversed a stay that was granted earlier. That stay, which kept the school masking mandate in place, was in effect as an appeal by Governor Wolf was to be heard by the Pennsylvania Supreme Court.

For more from PennLive/Patriot News, click here.

Over the past two days, Pennsylvania Secretary of Education Dr. Noe Ortega visited two PA schools. One was visited to feature an in-school vaccine clinic to promote vaccines for students and the other to highlight safe in-person learning throughout the commonwealth. Overall, the theme of the visits was the best way to keep students learning in the classroom is to protect against COVID-19 as well as to encourage all eligible Pennsylvanians to get vaccinated against COVID-19, with a focus on the pediatric vaccine for younger students.  

“We know that to keep students learning in the classroom, we have to use all of the resources at our disposal to ensure that they stay healthy, and the COVID-19 vaccine is just one more tool in our toolbox,” said Sec. Ortega. “Keeping students safe against illness has wide-reaching impacts on our communities, and we appreciate the partnerships that Pennsylvania’s schools are forming with their local community organizations to provide access to parents on a voluntary basis.”  

It was noted that the PA Department of Health (PDH) is working to ensure the vaccine is provided in a way that is ethical, equitable, and efficient across the commonwealth. Interested parties are advised to use Vaccine Finder to find a COVID-19 vaccine provider near them. 

For more information on the above, visit https://www.media.pa.gov/pages/Education-details.aspx?newsid=1226 and/or https://www.media.pa.gov/pages/Education-details.aspx?newsid=1227.