A report by The Notebook says that, after six years, the U.S. Department of Justice (USDJ) has reached an agreement with the Pennsylvania Department of Education (PDE) that recognizes discriminatory practices in PA’s programming for students with disciplinary infractions. Following an investigation resulting from an Education Law Center (ELC) complaint, the USDJ found that students with disabilities are disproportionately sent to Alternative Education for Disruptive Youth (AEDY) programs.

Pursuant to the agreement, PDE has started implementing widespread changes to the approval and general oversight of AEDY and believes that these improvements will advance the goal of providing a nondiscriminatory environment for all students.

The USDJ reportedly found violations of the Americans With Disabilities Act and the 1974 Equal Educational Opportunities Act that prohibits discrimination based on national origin. The agreement also requires PDE to ensure that students with disabilities receive individual assessments to determine whether they are being placed in alternative education programs because of their disability.

In the agreement, PDE has agreed to update program guidelines, develop an electronic system to better monitor the AEDYs, implement a complaint system, and improve communication with families and students so they understand their rights. It also will work to ensure AEDY programs have enough faculty with credentials to teach English learners and provide professional development for teachers and others in a position to refer students to disciplinary schools.