Category: News

Joint Letter from USDE & HHS  Emphasizes Adherence to  Sp. Ed.  Requirements for Pre-K Children (October 6, 2022)

On October 5, 2022, the U.S. Department of Education (USDE) and the U.S. Department of Health and Human Services (HHS) issued a joint Dear Colleague letter warning school district special education directors, Individuals with Disabilities Education Act (IDEA) coordinators, and Head Start grant recipients s that delayed evaluations and placement concerns could violate the IDEA.

The letter states that initial special education evaluations are being delayed, and special education services included in individual education plans are not being implemented fully or in a timely manner for children with disabilities in Head Start, especially since the pandemic began.

In addition, the letter states that data collected shows educational placement decisions are not always being made in accordance with the Least Restrictive Environment (LRE) requirement under the IDEA. The letter also emphasizes that young children with disabilities and their families have been disproportionately affected by service disruptions, as well as socioeconomic challenges and that no part of IDEA has been waived. Thus, school districts and their partners must provide special education and related services to eligible preschool-aged children with disabilities.

Further, separate but related guidance released alongside the Dear Colleague letter states that, “Additionally, families and providers continue to express concern and frustration with delays and inconsistencies in identification and evaluation processes, service delivery in inclusive programs, and transition into different services, as well as the expectations programs have for their child.” The guidance document thus urges state and local leaders to prioritize creating memorandums of understanding to spell out how they will collaborate on a “seamless and coordinated inclusive system.” 

Click to access the joint Dear Colleague letter.

Click to access the guidance document.

For more from K-12 Dive, click here. 

OSEP Warns Against Allowing Special Educators Instructing  Under Emergency Licensure (October 5, 2022)

On October 4, 2022, the U.S. Office of Special Education Programs (OSEP) sent a letter to state directors of special education. The letter declared that federal special education law requires K-12 special education teachers to hold a bachelor’s degree and be fully certified to teach special education. The letter further stated that special education teachers and Specialized Instructional Support Personnel (SISP) may not have their certification or license requirements waived on an emergency, temporary, or provisional basis. In addition, teachers participating in alternate routes to obtain special education certification must follow certain requirements to be in compliance with federal rules.

Currently, schools must address severe staff shortages in special education. In response, some states are passing legislation and enacting policies to remove some teacher requirements to fill staff vacancies in the area of special education, but the OSEP letter warns that, according to the Individuals with Disabilities Education Act (IDEA), states must make sure that special educators are adequately prepared and trained. 

For more information from K-12 Dive, click here.

PDE Rolls Out PA FAFSA Go! Initiative Encouraging Students to Complete Their 2023-24 FAFSA (October 5, 2022)

The Pennsylvania Department of Education (PDE) has joined the Pennsylvania Higher Education Assistance Agency (PHEAA) to promote the PA FAFSA Go! initiative and remind students to fill out their Free Application for Federal Student Aid (FAFSA) for the coming year.

“Over the past few years, FAFSA completion has been down and millions of dollars have been left on the table by Pennsylvania learners,” said Dr. Tanya I. Garcia, PDE’s Deputy Secretary and Commissioner for Postsecondary and Higher Education. “We want to make sure that all students who are eligible to complete a FAFSA get the assistance they need to access affordable higher education.”

The FAFSA is an application required to apply for federal student aid such as federal grants, work-study and loans to help pay for college.

PA FAFSA Go! is a cross-collaborative campaign to bring together professionals who are supporting high school seniors and postsecondary students in completing their first FAFSA or their renewal FAFSA for 2023-24.

The high school class of 2021 left behind an estimated $3.75 billion in Pell grants by not completing the FAFSA – dollars that students do not have to repay. To apply and qualify for a Pennsylvania state grant, learners must have their FAFSA on file as well.

PDE has teamed up with the Governor’s Office, along with the PA Higher Education Assistance Agency (PHEAA), the PA Association of Student Financial Aid Administrators (PASFAA), the PA Association of College Admission Counseling (PACAC), and the PA School Counselors Association (PSCA) to create the PA FAFSA Go! campaign – urging students to complete their 2023-24 FAFSA, which became available on October 1, without delay.

PA FAFSA Go! partners are committed to providing support for FAFSA completion events, directing students to resources at their high school or postsecondary institution, providing a toolkit of resources for schools, students, and their families and ensuring that Pennsylvania learners are not missing any of the free dollars for which they qualify. Professionals at institutions of higher education and school districts can commit to FOCUS on FAFSA at PDE’s website, which will provide resources and ensure everyone is at the table to help.

To view the press release, click here.

PA to Support More People with Disabilities in Competitive, Integrated Employment (October 3, 2022)

On October 3, 2022, PA Department of Labor & Industry (L&I) Secretary Jennifer Berrier and PA Department of Human Services (DHS) Acting Secretary Meg Snead announced the Wolf Administration’s goal of using a $14 million federal grant to help Pennsylvanians with disabilities earning subminimum wage transition to competitive, integrated employment.

“Individuals with disabilities contribute their valuable skills, talents, time, energy and perspectives to Pennsylvania’s dynamic economy every day in professions and industries as diverse as our population. They deserve the same protections as all other workers, including the right to earn at least minimum wage for their work,” Secretary Berrier said. “The Wolf Administration will use this funding to help individuals with disabilities and their families learn about and take advantage of opportunities in competitive, integrated employment. There can and should be a role for everyone who wants to and is able to work, and we are grateful to those employers who have already committed to providing competitive, integrated employment.”

Pennsylvania is one of 14 states to receive grant awards from the federal Department of Education for the Subminimum Wage to Competitive Integrated Employment (SWTCIE) demonstration project. L&I’s Office of Vocational Rehabilitation (OVR) and DHS’s Office of Developmental Programs (ODP) will use the funding to develop a five-year plan to support Pennsylvanians with disabilities in transitioning out of subminimum-wage employment – including more than 5,400 people who currently work in “sheltered workshops,” most of whom have intellectual disabilities or autism — as well as students and youth with disabilities seeking to enter competitive, integrated employment (CIE).

“There can be an end to the subminimum wage exception for individuals with disabilities, but it is incumbent on all of us to make that happen. Workplaces should examine their policies to see which ones are outdated or intentionally or unintentionally discriminating against individuals with disabilities,” said Acting Secretary Snead. “Pennsylvanians with intellectual disabilities and autism are vital members of our society and of our workforces, and DHS is proud to support opportunities to help them find gainful competitive integrated employment. We are grateful to the federal government for this grant so we can continue this work.”

The practice of paying individuals with disabilities subminimum wage is legal under Section 14(c) of the Fair Labor Standards Act of 1938, a federal law. In September 2020, the U.S. Commission on Civil Rights called for an end to subminimum wage in a report, saying that the program has been “inconsistent with the civil rights protections to which people with disabilities are entitled.” To date, several states have, or are in the process of, ending subminimum wage for people with disabilities or are in the process of phasing it out.

The federal grant will fund Pennsylvania’s Integrated Vocational Engagement and Supports Team (InVEST) Project, a wraparound model for assisting individuals with disabilities — including those considering or currently engaged in employment at subminimum wage — their families and employers, to move from subminimum wage employment to competitive, integrated employment.

The project aligns with the commonwealth’s Employment First philosophical approach that CIE be the first and preferred option and will enhance the commonwealth’s existing network of community rehabilitation service providers by allocating additional resources for staff who will work directly with CIE employers proactively engaged in supporting employees with disabilities and creating a culture of accommodation for all employees. These employer liaisons and employment specialists will be embedded with CIE employers to support employees with disabilities, facilitate communication, create a smooth hiring process, and provide on-the-job supports to ensure success. An interdisciplinary and collaborative resource team will anticipate and respond to the SWTCIE participants’ employment-related needs.

The Wolf Administration encourages all employers to consider learning more about this topic and becoming involved in Employment First, which requires any group receiving public funding to ensure that employment is the main focus for education, training, or support services for anyone with a disability who is eligible to work. Employers can explore opportunities to enhance their workforce by hiring people with disabilities who are invaluable members of our communities, workforce, and economy.

To view the press release, click here.

AAP: Head Lice No Reason to Send Students Home (October 2, 2022)

According to guidance from the American Academy of Pediatrics (AAP) released Sept. 26th, schools should not send students home or keep them away from school due to a case of head lice — the annoying but not dangerous tiny, wingless insects that feed off the blood in the human scalp. In fact, “no-nit” policies that forbid an infected student from returning to school could violate students’ civil liberties and create psychological stress.

When cases of head lice are identified in schools, AAP advises confidentiality due to the stigma that having head lice can bring to a student and family. The infected child’s caregivers should be notified by phone or through a note sent home with the student at the end of the school day with recommendations for prompt and proper treatment. 

Head lice screening programs in schools have not been proven to reduce the incidence of head lice in schools, are not cost-effective, and may stigmatize children suspected of having head lice, the AAP guidance says. Instead, schools should increase understanding and management in the community, including communicating that head lice is not a public health hazard, an indication of poor health, or responsible for spreading any disease.
The AAP guidance, an update from 2015, aligns with recommendations from the Centers for Disease Control and Prevention (CDC) and the National Association of School Nurses (NASN). Previous AAP guidance also discouraged the exclusion of infected children from school, but the new recommendations share newer, safer topical treatments and describe the drawbacks of certain school head lice policies.

To access the AAP guidance document, click here.

Links to head lice guidance from AAP, CDC, and NASN can be accessed on the PAPSA website under the “Resources” drop-down and clicking on “Downloads” or by clicking here.

For more information from K-12 Dive, click here.

Source: K-12 Dive