Category: News

Sickle Cell Disease, Epilepsy and Cancer could Trigger Student Civil Rights Protections (June 25, 2024)

According to a new set of resources issued on June 20, 2024 the U.S. Department of Education’s (USDE) Office for Civil Rights (OCR), medical conditions such as sickle cell disease, epilepsy, and cancer could trigger protections in K-12 and postsecondary schools under Section 504 of the Rehabilitation Act of 1973, which protects people against disability discrimination. Some of the accommodations listed in the new resources include allowing students with cancer to consume food and water during classes and excusing students with sickle cell disease from class to go to medical appointments. In addition, students experiencing a seizure may have a sudden onset of emotions or display repetitive behaviors, such as twitches and mouth movements.

The new set of USDE resources follow OCR’s February release of guidance for civil rights protections for students with asthma, diabetes, food allergies, and gastroesophageal reflux disease (GERD) or gastroesophageal reflux (GER). Schools could face an OCR investigation if there is a complaint that these rights are being violated.

OCR is responsible for enforcing Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color or national origin.

For more from K-12 Dive, click here.

New USDA Nutritional Standards Go into Effect on July 1st (June 24, 2024)

The U.S. Department of Agriculture’s (USDA) rule for updating school nutrition standards is set to go into effect on July 1st. The USDA’s approved changes include new limits on added sugars and sodium in school meals, which are the largest driving costs in the rule. In fact, since  the finalized regulation is expected to cost school districts an extra 3 cents per meal on average, according to a recent Congressional Research Service (CRS) report, the CRS pointed out that the USDA has cited several available federal resources — including its Healthy Meals Incentives initiative and the Patrick Leahy Farm to School Grant Program — as possible funding sources to help ease the increase in cost.

For more from K-12 Dive, click here.

Governor’s 2024-25 Proposed Budget Would Make Major Investments In ID/A Services, Workforce (June 22, 2024)

On June 20, 2024, Department of Human Services (DHS) Secretary Dr. Val Arkoosh today visited Children and Adult Disability & Educational Services (CADES), a provider serving Pennsylvanians with intellectual disabilities and autism (ID/A) in Delaware County, and discussed the need for historic investments in Governor Josh Shapiro’s 2024-25 proposed budget, which would increase the number of Pennsylvanians who can access ID/A services, and support the professionals who care for Pennsylvanians with ID/A.

The proposed  budget has received bipartisan support and would invest $483 million in federal and state funding to provide more resources for home and community-based service providers so they have the ability to increase the average starting wage from approximately $15/hour to $17/hour; an increase in wages would both attract and retain the qualified staff who provide these essential services. The governor also announced that DHS would re-examine rates earlier than required to better support home and community-based service providers and the direct support professionals who dedicate their careers to helping Pennsylvanians with ID/A. In addition, service providers also received a one-time supplemental payment in June to assist with workforce recruitment and retention. 

Earlier this year, Governor Shapiro directed DHS to immediately release additional program capacity to counties, which will allow an additional 1,650 Pennsylvanians to receive services this year. The 2024-25 proposed budget seeks to build on this by investing $78 million in federal and state funds to serve an additional 1,500 Pennsylvanians in the next fiscal year. 

If passed, Governor Shapiro’s budget would increase the number of Pennsylvanians with ID/A who are able to receive home and community-based services, kicking off a multi-year growth strategy to make Pennsylvania a national leader and end its adult emergency waiting list. To support this growth, the budget would increase rates for providers, which will support higher wages for the direct support professionals who care for Pennsylvanians with ID/A.

To read the Governor’s budget proposal, click here.

BSE Memo Provides Chort 5 Exit Info (June 22, 2024)

On June 21,2024, PA Bureau of Special Education Director Carole L. Clancy sent a PennLink memo to local educational agencies (LEAs) titled State Performance Plan Data Requirements – Postsecondary School Survey (Cohort 5 Exit). The memo stated that the accountability requirement under the federal Individuals with Disabilities Education Act (IDEA) of 2004 mandates each state determines the extent to which students are achieving transition outcomes (State Performance Plan – Indicator 14). To meet the federal reporting requirement, each 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 2024-2025 school year, LEAs assigned to target sampling Cohort 5 are required to administer the My Plan for Success (MP4S) Exit Process. During 2025-2026 these same LEAs will be required to complete post-school surveys.

The following information specifically addresses the Exit Process administration for 2024-25. LEAs assigned to target sampling Cohort 5, as listed below, are required to address the following:
-Participate in the Pennsylvania Post-School Outcome Survey Overview for Cohort 5 webinar, which is scheduled for September 19, 2024, from 9:00 a.m. to 11:00 a.m. The webinar will provide information concerning the administration of the Exit Process. Registration is required and may be accessed online.
-Participate in the February 20, 2025 Exit Survey training webinar from 9:00 a.m. to 11:00 a.m. Registration for this event is required and can be completed when registering for the September webinar. Information regarding accessing and entering information into the online system will be presented during this webinar.

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

U.S. Department of Education’s Office for Civil Rights Releases New Resources on Protecting Students with Disabilities in K12 and Higher Education (June 20, 2024)

Today, June 20, 2024, the U.S. Department of Education’s (USDE) Office for Civil Rights (OCR) released three new resources with information for students, parents and families, and schools addressing the civil rights of students with sickle cell disease, epilepsy, and cancer. OCR issued these resources during a month that marks both World Sickle Cell Day and National Black Family Cancer Awareness Week.

The resources inform students with disabilities, and their families and schools, about relevant legal rights under Section 504 of the Rehabilitation Act of 1973. Section 504 prohibits discrimination against students with disabilities by institutions that accept federal financial assistance, which includes almost all public schools and public and private institutions of higher education. These new resources, which are applicable to all levels of education, explain when these medical conditions trigger protections under Section 504, what kind of modifications an educational institution may need to take to avoid unlawful discrimination, and what an institution may need to do to remedy past discrimination.

OCR is also responsible for enforcing Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin. According to the Centers for Disease Control and Prevention, more than 90% of people with sickle cell disease in the United States are Black; Black Americans are more likely than White and Hispanic Americans to have active epilepsy (e.g., having one or more seizures in the past year and/or taking medication to control it); and, compared to other racial and ethnic groups, Black Americans have higher rates of getting and dying from many kinds of cancer. OCR enforces all the laws in its jurisdiction when they apply to cases OCR investigates.

“These new resources will give all students experiencing sickle cell disease, epilepsy, or cancer, as well as their families and schools, important tools to understand when and how they are protected by federal disability rights laws,” said Assistant Secretary for Civil Rights Catherine E. Lhamon.

The new resources regarding sickle cell disease, epilepsy, and cancer are available on the OCR website by clicking here.