Pennsylvania Training and Technical Assistance Network Two Truths and a Lie

1.Students in the Kline target group must have an IEP team review of ESY eligibility no later than February 28 th of each school year, with a NROEP issued no later than March The target group includes autism/pervasive developmental disorder, serious emotional disturbance, severe intellectual disabilities, degenerative impairments with mental involvement, & severe multiple disabilities. 3.4 Basic Steps: Gather Information, Review 7 Factors and Make Determination, Document Determination in IEP, Issue a NOREP. Extended School Year Card A

1.Students in the Kline target group must have an IEP team review of ESY eligibility no later than February 28 th of each school year, with a NROEP issued no later than March 31. Students in the Armstrong target group must have an IEP team review of ESY eligibility no later than February 28 th of each school year, with a NROEP issued no later than March 31.

1.A NOREP needs to be issued if: Refusing to initiate the provision of ESY services requested by the parent. 2.Decisions of eligibility for ESY services are made by the LEA and are not limited by a formula or single measure. 3.The IEP team must consider the following factors; however, no single factor will be considered determinative: Regression/Recoupment, Mastery, Self- sufficiency/independence, successive interruptions and severity of disability. Extended School Year Card B

2. Decisions of eligibility for ESY services are made by the LEA and are not limited by a formula or single measure. Decisions of eligibility for ESY services remain an IEP team decision and are not limited by a formula or single measure. Extended School Year Card B

1.A NOREP needs to be issued if: Proposing to add ESY services to an IEP that previously did not have it. 2.Reliable Sources of information include progress on IEP goals, progress before and after interruptions to programming, reports by parents, medical or agency reports, observations and opinions, and results of tests (CBA, standardized, criterion-referenced…). 3.Extended School Year is not day care or respite, summer recreation, or any program required to ensure FAPE. Extended School Year Card C

3. Extended School Year is not day care or respite, summer recreation, or any program required to ensure FAPE. Extended School Year is not day care or respite, summer recreation, or any program not required to ensure FAPE. Extended School Year Card C

1.A NOREP needs to be issued if: Deleting the provision of ESY services from an IEP that previously did have it. 2.ESY means special education and related services that are provided to a child with a disability during the summer. 3.School year is defined as the first day of July of one year and the 30 th of June of the following year. Extended School Year Card D

2. ESY means special education and related services that are provided to a child with a disability during the summer. ESY means special education and related services that are provided to a child with a disability beyond the normal school year of the public agency. Extended School Year Card D

1.All students with disabilities who qualify for special education services, must be considered for ESY eligibility when reevaluated. 2.Students placed in a private school or agency by the LEA through a contractual placement for provision of special education retain all the rights of a child with a disability who is served by a public agency. Continued on next slide Extended School Year Card E

3.There is no individual entitlement to services for students who have been placed in private schools by their parents. 4.The ultimate question for an IEP team is not whether FAPE is being provided in the ESY program but whether ESY services are necessary in order to receive FAPE. Extended School Year Card E

1. All students with disabilities who qualify for special education services, must be considered for ESY eligibility when reevaluated. All students with disabilities who qualify for special education services, must be considered for ESY eligibility at each IEP meeting. Extended School Year Card E

1.For all students, including those with intellectual disabilities, review of existing data begins the reevaluation process. 2.The Prior Written Notice for Reevaluation and Request for Consent Form are not required even if additional data are not needed. 3.An IEP meeting must be convened within 30 school days of the evaluation or reevaluation report. Eval & Reevaluation Card A

3. An IEP meeting must be convened within 30 school days of the evaluation or reevaluation report. An IEP meeting must be convened within 30 calendar days of the evaluation or reevaluation report. Eval & Reevaluation Card A

1.If a student was previously evaluated and determined not to be eligible for special education, for a future request to evaluate the student the Prior Written Notice for Evaluation and Request for Consent Form is required. 2.Consent is required for FBA as part of an initial evaluation. 3.An evaluation or reevaluation request can never be denied by the LEA. Eval & Reevaluation Card B

3. An evaluation or reevaluation request can never be denied by the LEA. An evaluation or reevaluation request can be denied by the LEA and an explanation is indicated in the NOREP/PWN. Eval & Reevaluation Card B

1.The IEP team determines whether to waive reevaluation. 2.When determining SLD, two of the eight factors that must be ruled out as the primary reason for a student’s lack of achievement are: visual, hearing, or motor disability; or intellectual disability. 3.Permission to reevaluate is required if additional data are needed to conduct an FBA. Eval & Reevaluation Card C

1. The IEP team determines whether to waive reevaluation. The LEA determines whether to waive reevaluation. Eval & Reevaluation Card C

1.Screening for instructional purposes is not considered evaluation but does require consent. 2.When determining SLD, two of the eight factors that must be ruled out as the primary reason for a student’s lack of achievement are: lack of appropriate instruction in reading or lack of appropriate instruction in math. 3.School psychologist is a required member of the evaluation team when evaluating a child for autism, ED, ID, MD, OHI, SLD or TBI. Eval & Reevaluation Card D

1.Screening for instructional purposes is not considered evaluation but does require consent. Screening for instructional purposes is not considered evaluation and therefore does not require consent. Eval & Reevaluation Card D

1.Consent is required for all evaluations, but not for reevaluations unless there is disagreement about waiving the reevaluation. 2.In PA, if a request is made orally, the LEA must provide a copy of the Permission to Evaluate – Evaluation Request Form to the parents within 10 calendar days of the oral request. 3.The Reevaluation Report documents the review of existing evaluation data that is done by the IEP team during reevaluation. Eval & Reevaluation Card E

1.Consent is required for all evaluations, but not for reevaluations unless there is disagreement about waiving the reevaluation. Consent is required for all evaluations, but not for reevaluations unless additional data are needed. Eval & Reevaluation Card E

1.The Evaluation Report or Reevaluation Report must be presented to the parent(s) within the 60 calendar days timeline. 2.Conducting an evaluation requested by a parent can begin after early intervening activities have been finished. 3.The review of data is documented in section I of the Reevaluation Report. Eval & Reevaluation Card F

2. Conducting an evaluation requested by a parent can begin after early intervening activities have been finished. Early intervening activities cannot delay the start of an evaluation requested by the parent. Eval & Reevaluation Card F

1.If the parents agree to waive reevaluation, a reevaluation is not required for three years from the anniversary date of the waiver. 2.The timelines are the same for the evaluation process and the reevaluation process. 3.School term is determined by each individual school entity’s calendar and is defined as the period from the first staff day to the last staff day. Eval & Reevaluation Card G

1. If the parents agree to waive reevaluation, a reevaluation is not required for three years from the anniversary date of the waiver. If the parents agree to waive reevaluation, a reevaluation is not required for three years from the anniversary date of the Reevaluation Report. Eval & Reevaluation Card G

1.The purpose of a reevaluation is to determine whether the student continues to meet eligibility requirements and the student’s educational needs. 2.When determining SLD, two of the eight factors that must be ruled out as the primary reason for a student’s lack of achievement are: environmental or economic disadvantage; or limited English proficiency. 3.Reevaluation cannot be waived for a student with autism. Eval & Reevaluation Card H

3. Reevaluation cannot be waived for a student with autism. Reevaluation cannot be waived for a student with intellectual disability. Eval & Reevaluation Card H

1.A Free and Appropriate Public Education (FAPE) must be provided to every student with an IEP and must be delivered in the general education classroom. 2.Students will not be removed from regular education classrooms merely because of the severity of their disabilities. 3.IEP teams must determine whether the goals in the student’s IEP can be implemented in regular education classrooms with supplementary aids and services before considering removal from the regular education classroom. Placement Card A

1. A Free and Appropriate Public Education (FAPE) must be provided to every student with an IEP and must be delivered in the general education classroom. A Free and Appropriate Public Education (FAPE) must be provided to every student with an IEP and must be delivered in the LRE as per the IEP team. Placement Card A

1.When students with disabilities need specially designed instruction or other supplementary aids and services to participate in the regular education classrooms, the LEA is obliged to ensure that at least some of those services are provided. 2.School districts will consider the full range of supplementary aides and services in regular education classrooms, based on peer-reviewed research to the extent practicable, including modification of curriculum content, before contemplating placement in a more restrictive setting. Continued on next slide 1.The questions from Section VII, Part A of the IEP, must be discussed and documented in the IEP to ensure that the IEP team has given adequate consideration to placement of this student in the general education classroom with supplementary aids and services, prior to considering the removal from the general education classroom. Placement Card B

3. The questions from Section VII, Part A of the IEP, must be discussed and documented in the IEP to ensure that the IEP team has given adequate consideration to placement of this student in the general education classroom with supplementary aids and services, prior to considering the removal from the general education classroom. Placement Card B

1.When students with disabilities need specially designed instruction or other supplementary aids and services to participate in the regular education classrooms, the LEA is obliged to ensure that at least some of those services are provided. When students with disabilities need specially designed instruction or other supplementary aids and services to participate in the regular education classrooms, the LEA is obliged to ensure all those services are provided. Placement Card B

1.It is important to remember that the student’s parents must be part of any group that makes decisions on the educational placement of their child. 2.Supplementary Aids and Services are defined as aids, services, and other supports that are provided in regular education classes, other education related settings and in extracurricular and nonacademic settings, to enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate. Continued on next slide Placement Card C

3. The purpose of providing supplementary aids and services is to support students with disabilities as active learners and participants with nondisabled peers as well as to justify the need for special education. Placement Card C

3. The purpose of providing supplementary aids and services is to support students with disabilities as active learners and participants with nondisabled peers as well as to justify the need for special education. The purpose of providing supplementary aids and services is to support students with disabilities as active learners and participants with nondisabled peers as well as to enable their access to the general curriculum. Placement Card C

1.The Individuals with Disabilities Education Act, of 2004 requires… (1) That to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and (2) that special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Continued on next slide Placement Card D

2.IEP teams must determine whether the goals in the student’s IEP can be implemented in regular education classrooms with supplementary aids and services before considering removal from the special education classroom. 3.Students will not be removed from regular education classrooms merely because of the severity of their disabilities Placement Card D

2. IEP teams must determine whether the goals in the student’s IEP can be implemented in regular education classrooms with supplementary aids and services before considering removal from the special education classroom. IEP teams must determine whether the goals in the student’s IEP can be implemented in regular education classrooms with supplementary aids and services before considering removal from the regular education classroom. Placement Card D

1.All students may receive Homebound Instruction services if they are excused from compulsory attendance under 22 Pa. Code §11.25 due to temporary mental or physical illness or other urgent reasons. 2.Instruction Conducted in the Home requires a doctor’s note indicating a medical or psychological issue. 3.Instruction Conducted in the Home is restricted to students whose needs require full-time special education services and programs outside of the school setting for the entire day. HI & ICITH Card A

2. Instruction Conducted in the Home requires a doctor’s note indicating a medical or psychological issue. Homebound Instruction requires a doctor’s note indicating a medical or psychological issue. HI & ICITH Card A

1.Placement decisions for Instruction Conducted in the Home is only determined by an IEP team and requires a signed Notice of Recommended Educational Placement (NOREP)/Prior Written Notice (PWN). 2.Homebound Instruction may not exceed 3 months unless the LEA requests approval from PDE to extend the provision of Homebound Instruction, which shall be reevaluated every year. 3.Homebound Instruction is delivered in the student’s location (e.g., home, hospital, treatment facility). HI & ICITH Card B

2. Homebound Instruction may not exceed 3 months unless the LEA requests approval from PDE to extend the provision of Homebound Instruction, which shall be reevaluated every year. Homebound Instruction may not exceed 3 months unless the LEA requests approval from PDE to extend the provision of Homebound Instruction, which shall be reevaluated every 3 months. HI & ICITH Card B

1.Instruction Conducted in the Home is limited to the student’s home. 2.Students who are receiving Homebound Instruction or Instruction Conducted in the Home must be reported to the Bureau of Special Education. 3.The duration of Instruction Conducted in the Home is 3 months. HI & ICITH Card C

3. The duration of Instruction Conducted in the Home is 3 months. The duration of Instruction Conducted in the Home is for the length of the IEP (the IEP can be reviewed at any time). HI & ICITH Card C

Contact Information Commonwealth of Pennsylvania Tom Wolf, Governor