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December 5, 2007

State Proposes Changes to PA Special Education Regulations

From VALUE, a coalition of PA Advocacy Groups, including the Mental Health Association in Pennsylvania, which advocates for quality education for all PA students, including those with disabilities.
 
On November 15, 2007, the Pennsylvania State Board of Education adopted a final version of Pennsylvania's special education regulations (known as Chapter 14). Families and advocates participated in roundtables, hearings, and meetings at which these regulations were discussed. All that work has made a big difference in making these regulations more helpful to children and families. Much of what advocates and families argued for are incorporated into this final version.

The regulations are not final until they have been approved by the Independent Regulatory Review Commission and the Education Committees in the PA Senate and House, and are published in the Pennsylvania Bulletin.  Here are just some of the good things that are included:

• The age for schools and families to begin transition planning remains at 14, despite a federal law change that would have permitted PA to move the start age to 16.
• The deadline for conducting special education evaluations and reevaluations is now 60 calendar (not school) days, except that days during the summer don’t count (no, we didn’t get everything).
• Prone restraints can not be used by school staff.
• Other physical restraints can be used only when less restrictive measures have been tried and the restraint is necessary to control acute aggressive behavior or behavior that might hurt the student.  The use of a restraint triggers a meeting with the family within 10 school days unless the parent gives a written waiver.  The use of restraints must be reported.  
• If the school calls the police, the school must then update the student’s “functional behavior assessment” and “behavior support plan.”
• Parents have a right to reasonable access to their child’s classroom.
• The regulations retain the rule that if a student is excluded from school for a total of 15 days in the school year, special protections kick in.
• The regulations clearly and accurately set out the rules on "least restrictive environment", including that students must be offered a full range of supports in the regular classroom.
• New timelines are included for "extended school year" determinations, and the regulations make clear that, in some circumstances, preschoolers with disabilities can be eligible for ESY services.

It's time to say thanks!  How about writing some of the folks who made this victory possible? High on the list are Linda Rhen, the PA Department of Education Special Assistant to the Secretary in charge of the regulations, and Mollie Phillips, Chair of the State Board Committee on Chapter 14.

Ms. Mollie O'Connell Phillips
148 South Maple Avenue
Kingston, PA 18704
570-288-8222 (2009)

Linda Rhen
PA Department of Education
333 Market Street
Harrisburg, PA 17126-0333