Category: News

NASN Provides Naloxone Education for School Nurses Toolkit (September 24, 2023)

On September 8, 2023, the National Association of School Nurses (NASN) released a free toolkit to help school nurses and other school personnel respond to drug overdoses on campuses, including using naloxone to try to reverse an opioid overdose.

The toolkit offers resources to assist school nurses and other school leaders in evaluating and responding to the drug overdose crisis. The toolkit is organized in the following sections:
Creating a Naloxone Program in Your School
Campus Protocols for Emergency Naloxone Administration
Communication ResourcesTo access the toolkit at the NASN Learning Center, click here.

2023-24 SY RISC Qtr. 1 Reporting End Date is Sept. 30th (September 24, 2023)

On September 22, 2023, PDE BSE Director Carole Clancy disseminated a PennLink message to all LEAs titled 2023-24 School Year Restraint Information System Collection Tracking and Training First Quarter Reporting Window. The message states that the Restraint Information System Collection (RISC) is open for data entry for the first quarter (restraints occurring between July 1 – October 19, 2023, of the 2023-24 school year). The RISC program has been enhanced and gives local educational agencies (LEAs) greater opportunity to provide both more detail about restraints and to analyze trends in reducing the use of physical restraints.

LEAs are required to report RISC data quarterly during the 2023-24 school year. This includes reporting zero restraints during a quarter when restraints did not occur. Additionally, LEAs still are 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 specific certification in the use of restraints 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. The 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 2023-24 school year are as follows:

Qtr 1
Begin Date: 07/01/2023
End Date: 09/30/2023
Last Day to Report: 10/19/2023
Zero Window Opens: 10/01/2023
Zero Window Closes: 10/18/2023

Qtr 2
Begin Date: 10/01/2023
End Date: 12/31/2023
Last Day to Report: 01/15/2024
Zero Window Opens: 01/01/2024
Zero Window Closes: 01/15/2024

Qtr 3
Begin Date: 01/01/2024
End Date: 03/31/2024
Last Day to Report: 04/14/2024
Zero Window Opens: 04/01/2024
Zero Window Closes: 04/14/2024

Qtr 4
Begin Date: 04/01/2024
End Date: 06/30/2024
Last Day to Report: 07/14/2024
Zero Window Opens: 07/01/2024
Zero Window Closes: 07/14/2024

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 used. The LEA must notify the parent(s)/guardian(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)/guardian(s), after written notice, agree(s) in writing to waive the IEP meeting. 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 students with IEPs, 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/guardian 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, students tased, or students charged with a safe school’s offense;
-Excessive law enforcement involved in restraints with staff not involved.

A RISC reporting webinar is posted on the RISC website at apps.leaderservices.com/_risc/index.aspx. This RISC reporting webinar link is located below the login box of the Leader Services RISC sign-in page. This webinar explains the reporting and investigation process and how to use the RISC program. 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, the Bureau of Special Education has recently updated the Restraint Information System of Collection (RISC) Program Guidelines. The “RISC Program Guidelines” are available for review on the RISC website.

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

2022-23 SHARRS Reporting Window Closes on Sept. 30th (September 24, 2023)

On September 22, 2023, Director of the Division of School Health Colleen Schultz sent a PennLink message to all LEAs reminding them that the SHARRS reporting window will close on September 30th 2023. LEAs were urged to share the important reminder with staff responsible for completing the SHARRS report and ensure reporting information is submitted in a timely manner to ensure all school districts receive reimbursement for 22-23 School Year. The message also said to note the following:
-The Superintendent/CEO is the only person with the capability to submit the report. 
-SHARRS programming will close the reporting window September 30. Therefore, timely submission of information is essential in order to be reimbursed for the 22-23 School Year.
-SHARRS can be accessed at https://apps.health.pa.gov/SHARRS/Login.aspx. An “INSTRUCTIONS” button on each page provides additional guidance to assist in completing the report.

USDE Provides Letter with Details on ARP Spending Extension Requests (September 23, 2023)

As states and school districts prepare to make final decisions on spending the last and largest allocation of COVID-19 relief money, on September 18, 2022 the U.S. Department of Education (USDE) sent a letter to state education agencies (SEAs) with details on American Rescue Plan (ARP) spending extension requests.

According to the letter, SEAs can now request a 14-month extension to spend ARP money just as they were allowed to do under the first two allocations of the Elementary and Secondary School Emergency Relief fund.

If approved, states and school districts would have the flexibility of spending ARP funds 14 months beyond the Jan. 28, 2025, which would be late March 2026.

The letter also states that an FAQ and extension request template will be available this fall.

To view the letter, click here.

HHS Issues New Proposed Rule to Strengthen Prohibitions Against Discrimination on the Basis of a Disability in Health Care and Human Services Programs (September 21, 2023)

50 years after its being enacted, significant updates are being made to Section 504 of the Rehabilitation Act to advance equity and bolster protections for people with disabilities.

In fact, on September 7, 2023 the Biden-Harris Administration took further action on its commitment to promote access to health care and human services for persons with disabilities as the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), announced a proposed rule that prohibits discrimination on the basis of disability.  The rule, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance, updates critical provisions that help persons with disabilities access health and human services under Section 504 of the Rehabilitation Act of 1973.  The rule, originally published in 1977, advances the promise of the Rehabilitation Act and helps to ensure that people with disabilities are not subjected to discrimination in any program or activity receiving funding from HHS just because they have a disability. 

Section 504 prohibits discrimination against otherwise qualified individuals on the basis of disability in programs and activities that receive Federal financial assistance or are conducted by a Federal agency. Since the law was enacted, major legislative and judicial developments have shifted the legal landscape of disability discrimination under Section 504.

HHS is proposing to amend the regulations to update them and clarify obligations in several crucial areas not explicitly addressed in the current regulations, and to improve consistency with the Americans with Disabilities Act, the Americans with Disabilities Amendments Act, amendments to the Rehabilitation Act, and significant case law.

This Notice of Proposed Rulemaking (NPRM) clarifies the application of Section 504 to several critical areas. The proposed rule:
-Ensures that medical treatment decisions are not based on biases or stereotypes about individuals with disabilities, judgments that an individual will be a burden on others, or beliefs that the life of an individual with a disability has less value than the life of a person without a disability;
-Clarifies obligations for web, mobile, and kiosk accessibility;
-Establishes enforceable standards for accessible medical equipment;
-Clarifies requirements in HHS-funded child welfare programs and activities;
-Prohibits the use of value assessment methods that place a lower value on life-extension for individuals with disabilities when that method is used to limit access or to deny aids, benefits, and services.
-Clarifies obligations to provide services in the most integrated setting appropriate to the needs of individuals with disabilities.

While the HHS is undertaking this rulemaking the current regulation is in effect. If you believe that you or another party has been discriminated against on the basis of race, color, national origin, sex, age, or disability, visit the OCR complaint portal to file a complaint online at: https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.

HHS encourages all stakeholders to submit comments through regulations.gov.

Public comments on the NPRM are due 60 days after publication of the NPRM in the Federal Register. The NPRM may be viewed or downloaded at the Federal Register: https://www.federalregister.gov/public-inspection/2023-19149/discrimination-on-the-basis-of-disability-in-health-and-human-service-programs-or-activities.

A fact sheet on the NPRM is available at: https://www.hhs.gov/civil-rights/for-individuals/disability/section-504-rehabilitation-act-of-1973/fact-sheet/index.html.

The Fact Sheet is available in the following languages:
Español (Spanish)
繁體中文 (Chinese – Traditional)
简体中文 (Chinese – Simplified)
Tiếng Việt (Vietnamese)
한국어 (Korean)
Tagalog (Filipino)
Русский (Russian)
Portuguese (Brazilian)
Français (French)
Kreyòl Ayisyen (Haitian Creole)
Polski (Polish)
日本語 (Japaneses)

For more information visit: https://www.hhs.gov/about/news/2023/09/07/hhs-issues-new-proposed-rule-to-strengthen-prohibitions-against-discrimination-on-basis-of-disability-in-health-care-and-human-services-programs.html.