Category: News

U.S. Supreme Court Once Again Fails to Address Transgender Restroom Use in Schools (January 17, 2024)

On January 16, 2024, the U.S. Supreme Court (SCOTUS) declined to consider a case on involving an Indiana school district’s policies banning transgender students from using bathrooms that align with their gender identities. It was hoped that SCOTUS would settle the ongoing controversy over the use of student restrooms by transgender students. Presently, confusion over conflicting lower court decisions have created an unsettling atmosphere with regard to whether Title IX allows students to access restroom facilities that differ from their sex assigned at birth. In fact, appellate court decisions are inconsistent, and school districts are adopting policies that vary across the country according to state and local laws.

According to a report by K12 Dive, in deciding not to hear the case, SCOTUS let stand an August 2023 decision by the 7th U.S. Circuit Court of Appeals that the Metropolitan School District of Martinsville, IN and the student’s former principal likely violated Title IX by barring transgender students from bathrooms aligning with their gender identities.

The Metropolitan School District v. A.C. case is not the first of its kind to appear before SCOTUS. In fact, in 2020 SCOTUS decided in the landmark case Bostock v. Clayton County that LGBTQ+ discrimination falls under unlawful sex discrimination in the workplace. However, in Bostock SCOTUS specifically declined to address transgender policies in schools.

Source: K12 Dive and the SCOTUS Blog.

PDE Releases Indicator 14 Reporting Requirement Info to LEAs (January 16, 2024)

On January 16, 2024, PDE Bureau of Special Education Director Dr. Carole L. Clancy, sent a PENN*LINK message to LEAs titled State Performance Plan Data Requirements – Postsecondary School Survey (Cohort 4 Exit). In the meme, she explains that the accountability requirement under the federal Individuals with Disabilities Education Act of 2004 (IDEA) mandates that each state determines the extent to which students are achieving transition outcomes (State Performance Plan – Indicator 14). To meet the federal reporting requirement, each local educational agency (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 2023-2024 school year, LEAs assigned to target sampling Cohort 4 are required to administer the My Plan for Success (MP4S) Exit Process. During 2024-2025 these same LEAs will be required to complete the Post-School Surveys.

The following information specifically addresses the Exit Process administration for 2023-24. LEAs assigned to target sampling Cohort 4, as listed below, are required to address the following:

  • Administer the Exit Process for all student leavers (graduates, dropouts, and students who reach maximum age) who have IEPs. To access information from the September 21, 2023 webinar regarding the administration of the Exit Process, including a Frequently Asked Questions document and supporting handouts from the training, visit the webpage at PaTTAN – My Plan for Success (MP4S) Exit Process Overview and Procedural Training.
  • Participate in the My Plan for Success (MP4S) Cohort 4 – The Exit Process Overview and Procedural Training Webinar scheduled for February 21, 2024, from 9:00 a.m. to 11:00 a.m. Registration is required and may be accessed directly at https://www.pattan.net/Events/Webinar/Course-1838/Events/Session-38480. Please note if you registered for the September 21, 2023, training, you are already registered.

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

PDE Seeking Applicants for a State School Psychologist Gifted Advisory Committee (January 13, 2024)

On January 12, 2024, PDE Bureau of Special Education Director Dr. Carole L. Clancy, sent a PennLink memo to LEAs titled Seeking Applicants for a State School Psychologist Gifted Advisory Committee. According to the memo, the Pennsylvania Department of Education (PDE) is accepting applications until February 12, 2024 from certified school psychologists who have an interest in sharing professional expertise in the field of gifted identification, services, and programs by serving on a School Psychologist Gifted Advisory Committee.

PDE is responsible for ensuring that all school districts and other school entities providing gifted education services, whether directly or by contractual arrangements, administer gifted education identification, services, and programs in compliance with applicable state laws and regulations.  At the request of the State Board of Education, PDE is forming an advisory committee to provide input on the criteria currently used to determine whether a student is mentally gifted.

The panel will meet virtually 4-5 times between March 2024 and March 2025. Some work may be required between meetings.

Questions may be directed to [email protected].

Gov. Shapiro Releases Statement on the Basic Education Funding Commission’s Report (January 12, 2024)

On January 11, 2024, following the report and recommendations released by the Basic Education Funding Commission, Governor Josh Shapiro released the following statement:

“Last year, Commonwealth Court directed my Administration, legislative leaders, and education advocates to work together to ensure every child in Pennsylvania receives an adequate and equitable education. The report adopted today by the Basic Education Funding Commission is a reflection of that work and of the consensus across Pennsylvania, and among leaders in both parties, that there is a real path forward to deliver a comprehensive solution on K-12 education in Pennsylvania. I want to thank the members of the commission and their staff for all their hard work over these many months.

“Today’s report acknowledges that additional, targeted investments in public education are necessary to adequately meet the needs of school districts throughout Pennsylvania. The report also addresses a number of priorities of mine that continue the critical investments we have already made – including mental health supports for our kids, resources to repair, maintain, and secure school facilities, and efforts to increase and support our teachers.

“I look forward to addressing these points when I deliver my budget to the Legislature in a few weeks, and to continue working with leaders in both parties in order to deliver a thorough and efficient public education for students across our Commonwealth.

“As I said in my first budget address: we must approach this responsibility with hope and ambition – because this is a once-in-a-lifetime opportunity for us to do right by our kids, to fund our schools, and to empower parents to put their kids in the best position for them to succeed.”

In his first year in office, as the only Governor in the nation with a divided legislature, Governor Shapiro’s budget provided:
-A $567 million increase in basic education funding;
-A $46.5 million increase to provide universal free breakfast for K-12 students;
-$175 million for environmental repairs and upgrades in Pennsylvania schools;
-A $50 million increase in special education funding;
-A $23.5 million investment in workforce training and vo-tech programs;
-$100 million for student mental health; and
-$10 million for student teacher stipends.

Source: www.pa.gov

PA State Board of Ed. Holds January Meeting (January 12, 2024)

On January 11, 2024, the PA State Board of Education held its 378th meeting at the PDE offices and via Zoom. Chairperson Karen Farmer White opened the meeting at 1:00 PM.

During the meeting, Council for Basic Education Chair Dr. Lee Williams reported that the council is sending the Board proposed amendments to 22 PA Code Chapter 4 for its approval. Once approved, it will follow the Regulatory Review Act for review by committees of the PA House and PA Senate, as well as the IRRC and publishing in the PA Bulletin. She also informed the Board that Dr. Terry Rowe reported to the council that a data update and newly proposed standards within Act 35 are aimed at providing flexibility for school districts.

Next, Education Secretary Khalid Mumin spoke of proposed changes to pertinent statutes and regulations with regard to school operations, including extending or changing dates and/or revising specific regulations.

Professional Standards and Practices Commission Executive Director Shane Crosby then reported that of the 148 public disciplinary sanctions in 2023, 96 involved charges and convictions per Section 111. Further, 90 of those sanctions involved sexual misconduct. This was a higher percentage than the usual approximately 50% of cases being of a sexual nature. He also noted a significant increase in cases involving those with emergency permits. Crosby also reported that improvements in data base construction will lead to increased efficiency in tracking cases and identifying trends.

Chairperson White then reported that Board members have previously been provided a draft 2023 Annual Report to the Governor and General Assembly for their review and approval. She also reported that applications by a pair of private schools seeking recognition as Approved Private Academic School Accrediting Organizations will be sent on to a special committee for review and to PDE as per 22 PA Code Chapter 52.

The meeting closed with the unanimous approval of three action items: Proposed Amendments to Chapter 4 (Academic Standards and Assessment); the 2023 Annual Report to the Governor and General Assembly; and a Resolution Honoring James Argas, who has left the Board after serving from 1996 through 2023.

In a subsequent State Board of Career and Technical Education Meeting, Mr. Judd Pittman reported that the Board is preparing to announce competitive equipment grants totaling $4.4 million with a cap of $85,000 per grant. He also reported an interagency transaction with the PA Bureau of Special Ed. (BSE), Office of Vocational Rehabilitation (OVR), Department of Labor (DOL), and Intermediate Units (IUs) will benefit students and staff through the provision of resources. Also, DOL has been instrumental in helping communities that lack a level of effective CTE programming. He ended his report stating that the Perkins Team is submitting preparing and submitting required documents to the federal government.

The meeting closed with the Board being trained on Accreditation Guidelines for PA Public Postsecondary CTE.