PDE Offers No-cost PD Opportunities for 2023-24 (May 25, 2023)

The Pennsylvania Department of Education (PDE), Bureau of Special Education, in collaboration with the Pennsylvania Training and Technical Assistance Network (PaTTAN) and Intermediate Unit (IU) Training and Consultation Staff, is delighted to announce the availability of no-cost professional development, training, and technical assistance opportunities for the upcoming school year. These services, funded through the Individuals with Disabilities Education Act (IDEA), aim to provide evidence-based, customized, and high-quality support to educators in meeting the needs of all students, with a particular focus on those with disabilities.
An archive of the presentation discussing the IDEA-B funded customized supports for the 2023-2024 school year is now available by clicking here. This presentation provides detailed information about the various supports and how districts can benefit from them.
The primary goal is to offer flexible, systemic, and tailored professional development opportunities that cater to the specific needs of each district. For the 2023-2024 school year, the following types of customized training and technical assistance supports are provided across the Commonwealth:
-Systemic Customized Supports: These supports encompass a wide range of training and technical assistance opportunities, including long-term plans that align with your district’s unique goals and objectives. By working collaboratively with you, we identify areas of need and develop a comprehensive training and technical assistance plan. Moreover, grant funding may be available to support coordinated efforts. Time-sensitive applications for systemic supports are due by June 30, 2023.
-Critical Customized Supports: Individualized training and technical assistance is offered to help educators overcome immediate challenges. The aim is to provide targeted support that improves student outcomes and builds capacity within your district. Critical supports will be available starting July 1, 2023.
-Emergent Short-Term Customized Supports: Should unforeseen needs arise, just-in-time training and technical assistance is provided to address them. A flexible approach enables a quick response, tailoring support to your specific requirements. Emergent short-term supports will be available starting July 1, 2023.
-Professional Development Customized Supports: Districts can request specific training or technical assistance that addresses a particular challenge or area of need. Working together, a training plan is designed that meets your unique requirements and aligns with your district’s goals. Professional development supports will be available starting July 1, 2023.
To access and submit applications for all types of customized supports, click here. Districts are encouraged to submit their systemic applications by June 30, 2023, to ensure timely processing and support for the upcoming school year.
PDE, Bureau of Special Education, PaTTAN, and IU Training and Consultation Staff are dedicated to supporting educators in delivering high-quality education to all students. Districts are encouraged to take advantage of these funded supports to ensure the success and inclusion of every student.

For more information, click here. or contact Angela Kirby, Ed.D at mailto:[email protected].

PDE Memo: LEA Special Ed. Data Reports Now Available to the Public Online (May 21, 2023)

On May 18, 2023, BSE Director Carole L. Clancy sent a PennLink memo to all LEAs titled Local Educational Agency Special Education Data Reports Online. The memo states that under the Individuals with Disabilities Education Act of 2004 (IDEA), every state must report annually to the public on the performance of each local educational agency (LEA) on the targets established in the State Performance Plan. This year states are required to report 2021-22 performance on the following State Performance Plan indicators for school-age students with disabilities: Graduation Rates; Dropout Rates; Participation and Performance on Statewide Assessments; Suspension Rates; Educational Environments; School-Facilitated Parent Involvement; Disproportionate Representation by Race/Ethnicity Receiving Special Education; Disproportionate Representation by Race/Ethnicity in Specific Disability Categories; Timelines for Initial Evaluation; Individual Education Program Secondary Transition Goals and Services; and Post-School Outcomes.

At the beginning of May, the Pennsylvania Department of Education (PDE) provided LEAs with an opportunity to preview these reports prior to going live to the public. The reports are now posted and available for public review at the Special Education Data Reporting (formerly PennData) website, http://penndata.hbg.psu.edu/. Click on Public Reporting, SEDR Reports, then select your LEA from either of the Public Reporting Reports drop-downs.

OESE Memo Provides LEA’s Guidance on Foster Care Students’ Educational Placement (May 21, 2023)

On May 19, 2023, Office of Elementary and Secondary Education (OESE) Deputy Secretary Jeffrey A. Fuller sent a PennLink memo to all LEAs titled Foster Care Studentsā€™ Educational Placement. The PennLink reminds LEAs of the following.

Ensuring Educational Stability for Children and Youth in Foster Care
The purpose of this PENN*LINK is to review and remind local education agencies (LEAs) of the key implementation requirements of the Every Student Succeeds Actā€™s (ESSA) provisions for children and youth in foster care. It highlights the duties and responsibilities of LEAs to ensure educational stability for students in foster care, including those in residential facilities.

The Pennsylvania Department of Education (PDE) and the Pennsylvania Department of Human Services (DHS) previously issued joint guidance on the implementation requirements among LEAs and county children and youth agencies (CCYA) in 2016. The two Departments also provide an online resource hub, pafostercare.org, which is made available through a partnership with the Center for Schools and Communities.

LEA Responsibilities
Title I, Part A of the Elementary and Secondary Education Act, as amended by ESSA requires LEAs in Pennsylvania to ensure all of the following related to children in foster care:
-Identify and establish a local-level Foster Care Point of Contact (POC);
-Participate or initiate a ā€œBest Interest Determinationā€ (BID) conference in conjunction with the placing CCYA and associated LEAs and necessary stakeholders when children enter or change foster care placements, including residential placements;
-Ensure that transportation is promptly provided, arranged, and funded for children and youth in foster care needing transportation to remain in their school of origin; and
-Ensure that children enrolling into their district of foster care residence are enrolled immediately, even if records normally required for enrollment are not available.

The Best Interest Determination (BID)

Children in foster care have the right to remain enrolled in their school of origin unless there is determination that it is not in the childā€™s best interest to attend the school of origin. As reflected in the Non-Regulatory Guidance for Ensuring Educational Stability for Children In Foster Care limiting educational disruptions is necessary to ensure that ā€œstudents in foster care have the opportunity to achieve the same high levels as their peers.ā€ A BID conference must be held as soon as possible after the child has experienced an entry or change in placement and a child should remain enrolled in their prior school and provided with appropriate transportation until a BID conference is conducted and a decision is made regarding school stability. The BID conference should include the legal educational decision maker, representatives from the school district of origin, district of current resident placement, placing child welfare agency and the staff from residential facilities when applicable. The studentā€™s preferences should also be taken into consideration in order to make a ā€œholistic and well-informed” decision on behalf of the student, as outlined in the Non-Regulatory Guidance. A statewide online directory of LEA POCs and child welfare agency Education Liaisons assisting students in foster care is available. These stakeholders must review and assess whether it is in the studentā€™s best interest to remain at their school of origin or enroll in the school associated with the current foster care placement. A child or youth who exits the foster care system should remain in their current school until the end of the school year whenever possible.

It is important to note that students in foster care may need or require special education services and may have an individualized education program (IEP). In these instances, the studentā€™s IEP Team must be included in the BID conference and the decision should be based on the studentā€™s individualized needs. LEAs are encouraged to consult with the PDE Bureau of Special Education as needed to determine appropriate application of state and federal requirements for students in foster care who are in need of or receive special education.

BIDs must occur for students during their initial entry into foster care and should be completed whenever changes in living placement occur. Successive school changes should only take place if all participants in the BID conference agree a school change is in the studentā€™s best interest. During the interim of the BID conference, when disagreements regarding best interest arise, or until a final determination is reached and understood by all parties, students in foster care should remain in their current school to limit education disruption. Parties should collaborate and make every effort to support a short-term plan for the studentā€™s educational continuity.

Students in foster care that change schools due to their entry or change in foster care placement are included under 24 P.S. Ā§ 13-1331.1 (Act 1 of 2022 Assisting Students Experiencing Education Instability). Act 1 of 2022 promotes timely high school graduation and facilitates equal access to academics and extracurricular activities and the removal of systemic barriers for foster students and other students experiencing education instability. LEAs should review the Act 1 of 2022 Basic Education Circular to implement these requirements when students in foster care change schools.

Children in Foster Care Placed in Residential Facilities
Consistent with the Fostering Connections Act, ā€œfoster careā€ means 24-hour substitute care for children placed away from their parents or guardians, and for whom the child welfare agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, childcare institutions, and pre-adoptive homes. Children in foster care who reside in residential facilities must be afforded the same educational rights as children in any other type of foster care placement, including the right to remain in their school of origin.

While it may not always be feasible for students in foster care residing in residential facilities to remain in their school of origin, changes to educational placement/school attachment should only be determined through the BID process. A facilityā€™s on-site school should never be presumed to be the default educational placement. 24 P.S. Ā§ 13-1306 entitles students living in residential facilities to attend the local public school district in which the facility is located unless a court order specifies otherwise. A child in foster care should be able to attend public school unless it is determined not to be in the childā€™s best interest through the individualized BID process.

Immediate Enrollment
If a determination is made that remaining in the school of origin is not in the childā€™s best interest, the enrolling LEA must ensure that a child in foster care is immediately enrolled in their new school and promptly provided with transportation even if the student does not have documentation required for enrollment. The enrolling school must contact and collaborate with the studentā€™s prior school for relevant records. The placing CCYA should share appropriate education-related records as available with the enrolling school. LEAs should review and revise their policies and practices to remove any barriers to immediate enrollment and records transfer for their children in foster care.
If a determination is made that remaining in the school of origin is not in the childā€™s best interest, the enrolling LEA must ensure that a child in foster care is immediately enrolled in their new school and promptly provided with transportation even if the student does not have documentation required for enrollment. The enrolling school must contact and collaborate with the studentā€™s prior school for relevant records. The placing CCYA should share appropriate education-related records as available with the enrolling school. LEAs should review and revise their policies and practices to remove any barriers to immediate enrollment and records transfer for their children in foster care.

Providing, Arranging, and Funding Transportation
Some children in foster care will need transportation to remain in their school of origin. It is essential that transportation is promptly secured to ensure that students do not miss school.Ā  LEAs must collaborate with CCYAs to ensure that transportation for children in foster care is provided, arranged, and funded. LEAs are required to maintain a transportation plan(s) with CCYAs with which they work. LEAs may use a transportation plan template provided by PDE and DHS to complete their plan. Best practice recommends that LEAs review their transportation plan(s) with theĀ CCYAs with which they work at least every three years or as needed to best meet the needs of students in foster care. New or revised plans should be submitted to [email protected].

Students in foster care requiring specialized transportation as outlined in an IEP must also be accommodated in accordance with IDEA and any other applicable laws.

For more information about the topics addressed in this PENN*LINK, please see pafostercare.org or email your questions to [email protected]. You also may contact Matthew Butensky, Pennsylvaniaā€™s State Education Agency Foster Care Point of Contact, at [email protected] or (717) 763-1661 ext. 171.

USDE and HHS Announce Proposed Rule Change and Accompanying Guidance for School-based Medicaid Billing (May 21, 2023)

On May 18, 2023, the U.S. Department of Education (USDE) and U.S. Department of Health and Human Services (HHS), made a joint announcement regarding a proposed rule and a much-anticipated guidance update for school-based Medicaid billing. The announcement said that the Biden Administration is “taking action to make it easier for schools to provide critical health care services, especially mental health services, for millions of students across the nation” through a more streamlined Medicaid billing permissions and reimbursement process for students with disabilities.

As a result, the USDE predicts that of the 500,000 new students who are found eligible under the Individuals with Disabilities Education Act (IDEA) Part B each year, nearly 300,000 are likely to be eligible for Medicaid and impacted by the new rule. In addition, HHS is issuing new guidance to make it easier for schools to bill Medicaid.

Specifically, the proposed rule recommends eliminating a provision in the IDEA that requires one-time parental consent before schools file first-time invoices for school-based specialized services for children eligible for public benefits under Medicaid, the Childrenā€™s Health Insurance Program (CHIP) or other public insurance and benefits programs. USDE is instead releasing a Notice of Proposed Rulemaking under IDEA that would streamline consent provisions when billing for Medicaid services provided through a studentā€™s individualized education program (IEP). This would result in a uniform process applicable to all Medicaid enrolled children, regardless of disability. 

Importantly, the proposed changes do not alter any of the critical parental consent provisions required by IDEA nor do they impact the parental consent obligations under the Family Educational Records and Privacy Act (FERPA). Additionally, the proposed rule does not alter the requirement that IEP services must be delivered at no cost to the childā€™s family, the requirement that IEP services cannot diminish other Medicaid-reimbursable services, nor Medicaidā€™s position as payor of first resort for IEP and Individualized Family Service Plan services. Rather, this regulatory change would help cut unnecessary red tape that schools and districts face in billing Medicaid and meet their obligations to ensure students with disabilities receive a free, appropriate public education in accordance with their IEP.

The comment period for the proposed rule change in IDEA for parental consent for Medicaid billing ends August 1, 2023.

To view the announcement and access the Comprehensive Guide to Medicaid Services and Administrative Claiming – PDF, click here.

PA Members of Congress Intro Bipartisan Safe Interactions Act (May 20, 2023)

On May 18, 2023, three Pennsylvania members of Congress – Rep.Susan Wild, Rep. Brian Fitzpatrick, and Senator Bob Casey – teamed up to introduce the Safe Interactions Act ā€“ a bipartisan bill to improve interactions between law enforcement officers and people with disabilities and mental health needs. This legislation will provide enhanced trainings to our police officers on working with and communicating with those in crisis, to help make our communities safer.

The Safe Interactions Act would provide grants to enable non-profit disability organizations to develop training programs that support safe interactions between law enforcement officers and people with disabilities. The training would be directed to both new and veteran officers and would include people with disabilities in the training as instructors. It would also establish an advisory council, chaired by a person with a disability, to oversee the training program development and implementation.

The Washington Post database of police shootings estimates that at least 25 percent of shootings involve a person with a mental health disability, and a Ruderman Family Foundation report found that 33 to 50 percent of all use-of-force police incidents involve people with mental health disabilities ā€“ making the Safe Interactions Act a key step in addressing the disproportionate incidences of violence involving law enforcement and people with disabilities.

Reps. Wild and Fitzpatrick introduced the bill in the House and Sen. Casey introduced the bill in the Senate.

Click here to read more about this bill.