Pennsylvania
Parent Guide to
Special Education
for School-Age Children
Parents are very important participants
in the special education process.
Parents know their child better than anyone else and
have valuable information to contribute about the kinds
of programs and services that are needed for their
child’s success in school. To ensure the rights of children
with a disability, additional laws have been enacted. In
this guide we use the terms “rules” and “regulations.”
This booklet has been written to explain these rules so
parents will feel comfortable and can better participate
in the educational decision-making process for their
child. The chapters that follow address questions that
parents may have about special education, relating
to their child who is thought to have, or may have, a
disability.
Chapter One focuses on how a child’s need for special
education is determined. In this chapter, the evaluation
and decision-making processes are discussed, as well
as the members of the team who conduct the tests
and make the decisions regarding a child’s eligibility
for special education programs and services.
Chapter Two explains how a special education program
(that is, an Individualized Education Program) is devel-
oped and the kinds of information it must
include. This
chapter describes how appropriate services
are deter-
mined, as well as the notice that a school dis
trict must
give to parents summarizing a child’s special education
program. Planning for the transition from school to
adult living is also discussed.
Chapter Three deals with the responsibilities that a
school district has to a child who is eligible for special
education services and the child’s parents. The school
district has specific responsibilities related to confi-
dentiality of educational records, quality of materials
and classrooms, and discipline procedures.
Chapter Four
outlines the options parents have if they
disagree with school personnel about their child’s edu-
cation program. These actions include team
meetings
with school officials, mediation, resolution sessions,
special education hearings, and seeking assistance
from the Pennsylvania Department of Education.
The Appendix provides a list of resources where
parents can obtain help or have their questions
answered.
INTRODUCTION
CHAPTER 1
Does my child need special education? . . 1
CHAPTER 2
How is my child’s special education
program determined? . . . . . . . . . . . . 6
CHAPTER 3
What are the school’s responsibilities
to my child and me? . . . . . . . . . . . 12
CHAPTER 4
What if I disagree with the school
about my child’s education program
or think my child’s rights are being
denied? . . . . . . . . . . . . . . . . . . . 18
CONCLUSION
. . . . . . . . . . . . . 22
APPENDIX
Resources . . . . . . . . . . . . . . . . . . 23
Glossary . . . . . . . . . . . . . . . . . . 24
TABLE OF CONTENTS
1
Does My Child Need Special
Education?
Determining Eligibility
As a parent, you are uniquely qualified to know
your child’s learning strengths and weaknesses. If it
is determined that your child is eligible for special
education services, school professionals will utilize
your knowledge in designing a special education
program for your child’s benefit. Your child may be
eligible for special education if your child:
1) Has
an intellectual disability
, emotional
disturbance, an
orthopedic impairment, a
hearing impair
ment, deafness, a speech or
language
impairment, a visual impairment
(including
blindness), autism, traumatic
brain injury,
other health impairment, a
specific learning disability, deaf-blindness,
or multiple disabilities and
2) Needs special education, as determined by an
evaluation team.
Your child must meet both qualifications in order
to
be eligible for special education. In Pennsylvania,
all
children eligible for special education have the right to
a free, appropriate, public education (FAPE).
NOTE: Children with disabilities who are not eligible for
special education may qualify for
accommodations in the
general classroom under
Section 504 of the Rehabilitation
Act of 1973. Chapter 15 regulations apply for these students.
Chapter 14 regulations apply to those students who qualify
for special education services by meeting the
two-part
criteria listed above
.
CHAPTER 1
2
Signs of Physical, Sensory,
Intellectual, or Emotional Disability
Some indications that your child may have a disability
that meets the first part of the two-part criteria are:
•
Consistent problems in getting along with others
•
Difficulty communicating
•
Lack of interest or ability in age-appropriate activities
•
Resistance to change
•
Difficulty seeing or hearing that interferes with
the ability to communicate
•
Health problems that affect educational
performance, including attention problems
•
Difficulty performing tasks that require reading,
writing, or mathematics
•
Chronic behavior or social problems that affect your
child’s ability to learn
Your child may need specially-designed instruction to
make progress in school. This need for special education
is the second part of the two-part criteria to be eligible
for special education services.
Screening
Your child’s school has a screening process in place that
identifies students who may need special education. This
process may or may not lead to an initial evaluation for
special education and should include:
• A review of the student’s records, including
attendance and report cards
• A review of the student’s vision and hearing
• Assessments at reasonable intervals to
determine a student’s performance based
on grade-appropriate standards in core
academic subjects
• A systematic observation of the student’s
behavior in the classroom or area in which
the student is displaying difficulty
You may request an initial evaluation at any time, without
going through these screening activities.
The Evaluation Process
The evaluation team gathers the information that
will be used to determine if your child needs special
education and, if so, the types of programs and ser-
vices needed. Your child may be evaluated by a school
psychologist. Other evaluations may include tests
by a hearing specialist for a child with a hearing
prob-
lem, or an evaluation from a doctor for a child with
3
a health concern. The evaluation must also include input
from a certified professional if certain services, called
“related services,” may be needed. An example is speech
therapy (for speech and language) or occupational
therapy (for fine motor and other skills).
A child may be referred for the first (or initial) evaluation
in different ways:
• You may ask your school to evaluate your child
for special education at any time.
This can be done
by sending a letter to the principal of your child’s
school or by asking a school professional employee.
It is recommended that you keep a record of your
written or verbal request. A Permission to Evaluate–
Evaluation Request form should be sent to you within
10 calendar days after the receipt of your request.
OR
• The school may contact you to request permis-
sion to have your child evaluated.
You mu s t
consent in writing to your child’s evaluation. School
officials cannot proceed without your written per-
mission. If permission is not received and the school
continues to find that an evaluation is necessary, they
may ask for a due process hearing to get approval
from an impartial hearing officer to evaluate your
child. More information about due process hearings
is found in Chapter 4 of this guide.
To give permission for the evaluation process to begin, you
must sign the Permission to Evaluate-Consent form given to
you by your local educational agency (LEA). The entire
evaluation process must be completed within 60 calendar
days (not including summer vacation) from the date your
permission is received by the LEA. If your child is eligible
for special education,
the ER and a summary must be given
to you at least 10 school days
before a meeting is held to
discuss your child’s Individualized Education Program (IEP).
A parent may not feel the 10 days are necessary and must
put in writing to the school that the meeting may be held
sooner than 10 days. Either way, you will be invited to the
meeting.
The types of tests used in the evaluation process depend
upon the educational needs of your child. In most
cases, your child may be given several tests to help find
strengths and needs. Someone other than
your child’s
general classroom teacher may also observe
your child in
class. Part of the evaluation includes gathering input
from parents about their child. Information that you
share about your child is very important and must
also be included in the evaluation
.
W
hat the Evaluation Will Tell You
The evaluation will include information about your
child’s skills, strengths
, and needs.
All evaluations and
4
reevaluations (which are evaluations done at 2- or 3-year
intervals after the initial evaluation) must include a review
of the testing and assessments that were conducted, infor-
mation from the parents, classroom observations,
and the observations of teachers and related service
personnel.
The evaluation or reevaluation must also tell you what
additions or changes are needed to help your child meet
the goals in your child’s educational program described
in your child’s Individualized Education Program (IEP),
and to take
part in and progress in the general curricu-
lum (the skills
and knowledge taught in a specific LEA).
An evaluation team reviews all materials and writes
a report called an Evaluation Report (ER) that states
if your child has a disability and if your child needs
special education. It makes recommendations about
the types of services your child needs. The ER may
state that your child is not eligible and does not need
special education services. You will receive a copy of
the ER and a written notice stating that you have the
right to disagree and may request an independent
educational evaluation (IEE) or request a due process
hearing. A copy of the ER and a summary of the
findings must be given to you.
If your child is being evaluated for a specific learning
disability, parents (as members of the evaluation
group) will be given an opportunity to agree or dis-
agree with the results of the ER. Next to your name,
you will indicate whether or not you agree with the
report. If you do not agree, you may give the team
your opinion in writing, on the parts of the report
where you disagree. This is sometimes called a
“dissenting opinion,” which will become part of the
final ER. A copy of the final ER must be given to
the parents.
Independent Educational Evaluations (IEE)
You may also get evaluation reports from professionals
outside the school system and send them to your child’s
school. Examples of these professionals may include
a psychologist or therapist. The LEA can provide you
with information about where an independent evalua-
tion can be obtained. The results of these outside
evaluations will be considered in determining if your
child has a disability and needs special education. If
you wish for the LEA to pay for an outside or indepen-
dent educational evaluation, you first must disagree
with the evaluation conducted by the LEA. The LEA
then must initiate a special education due process
hearing to show that its evaluation is appropriate.
5
Allowing for Differences in English
Language Skills and Ethnic Background
Evaluations and reevaluations must take into
account the child’s English language skills and
ethnic background so that the testing and evaluation
will be fair for children of different races and cultures.
Tests must be given in the language or form that
is
most likely to give accurate information, unless it is
clearly not feasible to do so. Evaluations must also take
into account the child’s disability to be sure the results
are reliable. For example, a child with a severe visual
impairment should not be given a written test with
small print.
The Reevaluation Process
A reevaluation is conducted at least every three years.
If, however, your child has been diagnosed with an
intellectual disability, a reevaluation is required every
two years.
A reevaluation is done to determine whether
your child still has a disability
and needs to continue
receiving special education. When additional informa-
tion is needed to complete a reevaluation, the school
must receive your permission to perform the additional
evaluation using the Permission to Reevaluate-Consent
form.
If the LEA has made what it believes are “reasonable
attempts” to receive your permission, but failed to get a
response, it may proceed with the reevaluation. Each
LEA decides what “reasonable attempts” are. Such
attempts may consist of:
• Telephone calls,
• Registered letters with return receipts
required,
•
Visits to the home or parents’ place of business.
Also, if the school determines that no additional data
is needed, they will notify you of this determination.
You may agree in writing to your LEA’s recommenda-
tion that the three-year reevaluation is not necessary.
If the LEA proposes to not conduct the reevaluation,
they will issue you an Agreement to Waive
Reevaluation form. This is not an option if
your child has an intellectual disability.
6
CHAPTER 2
How Is My Child’s Special
Education Program Determined?
Special Education
Under Pennsylvania and federal law, a child with a
disability has a right to special education and related
services that are provided:
•
Under public supervision and direction.
•
Without charge (at public expense) to preschool
(ages 3-5), elementary, or secondary school
students.
•
In the Least Restrictive Environment (LRE).
This means that children with disabilities are
educated to the maximum extent appropriate
with children who do not have disabilities, in
the general education class.
•
In conformity with an Individualized
Education Program (IEP). This means that
students with disabilities who need special
education must receive a free appropriate
public education (FAPE).
FAPE includes other (related) services that help
your child get to school and benefit from the special
education program. These may include:
•
Special transportation,
•
Speech, physical, or occupational therapy,
•
Psychological counseling,
•
Other services which help or support your
child as your child grows and learns.
Your Child’s Individualized Education
Program (IEP)
The IEP team (which includes your child’s teachers,
adminis
trators, related service providers, and you)
writes the IEP. This program will be developed at an
IEP meeting and will include a description of all the
programs and services necessary to help your child
make progress in school. The IEP team uses informa-
tion that is contained in the Evaluation Report (ER), or
reevaluations, to write the IEP.
As a parent, you are an IEP team member. It is impor-
tant that you attend IEP team meetings. IEP meetings
will be scheduled to fit your schedule and
school offi-
cials’ schedules. You will get a written notice of when,
7
where,
and why the meeting will be held and a list of the
other people who are invited to attend the meeting. The
IEP meeting is to be scheduled at a time and place that
is good for you and your LEA. If the date or time is not
convenient, you may ask for a change. You
may also par-
ticipate by telephone or other electronic means if it is
impossible for
you to attend the meeting in person.
Required members of each IEP team are:
• The child’s parent(s) or legal guardian
• At least one of your child’s general education
teachers (if your child attends, or might attend,
general education classes)
• At least one special education teacher
• A representative of the LEA who:
• Is qualified to provide or supervise
special education programs
•
Knows about the general education
curriculum
•
Knows about the availability of the resources
the LEA can offer
•
Someone who can explain the evaluation results,
who may already be a member of the team
• Other people who know your child well or who
have worked with your child (You may invite an
advocate to advise you, or anyone else who will
be able to add information about your child’s
educational experience. This may be a profes-
sional advocate, a family member, a close family
friend, a previous teacher, etc.).
• Your child at age 14, when planning will be done
for life after graduation, or any time before age 14
when you want your child to be part of the team,
and it is appropriate.
• A representative from a career and technical
school if a career/technical program is being
considered for your child.
A team member may fill more than one of the above
roles.
In most cases, there will be at least four people at
the IEP
meeting: you, the LEA representative, a special
education teacher, and a general education teacher (if
your child will participate at all in general education).
The general education teacher may not attend all meet-
ings or stay for the entire meeting time, but must be a
team member. Mandated members of the IEP team may
be excused from the meeting if you and the
LEA
agree in
writing. If a member is excused and his/her subject area
or speciality is being discussed, he/she must provide
written input before the meeting.
If you choose not to attend the IEP meeting, it may be
held without you.
8
IEP Timelines
The IEP must be completed within 30 calendar days after
the evaluation team issues its Evaluation Report. The IEP
must be put into action as soon as possible, but no later
than 10 school days after the IEP is approved.
Your child’s program is reviewed every year at an IEP
meeting, or more often if requested by you or any other
IEP team member. Whenever there are concerns about
or changes to the IEP, a meeting may be requested by
you or any other member of the IEP team. You and the
LEA
may agree not to have an IEP meeting to make
changes to an IEP. Instead, you and the
LEA
may develop
a written document to modify the current IEP. If changes
are made without a meeting, you must be provided with
a copy of the revised IEP.
IEP Contents
The IEP team will review all the evaluation material and
will determine how your child is currently performing in
school.
The IEP team will write measurable, annual goals
that are designed to meet the needs of your child.
The IEP team will determine:
•
The types of special education supports and services
to be provided to your child that will be used to meet
the individual needs of your child.
•
Where, what kind, how much, and how often special
education and related services will be provided. For
example, the IEP may specify, “individual speech therapy,
30-minute periods, three times per week, in the speech
room.” Special transportation, which is different from
the mode of transportation utilized by other children
in the neighborhood, also falls under this category. For
example, the IEP may specify, “a bus that will lift a
wheelchair from the curb, taking Jimmy from his home
to school with a ride no longer than 30 minutes.”
•
The date services and programs will begin and how
long they will last.
•
The
tests
or
other
methods
of
evaluation
that
will
be used
to measure whether your child is meeting the annual
goals and how and when this progress will be reported
to you. Progress on meeting annual goals must be
reported periodically, at least as often as in general
education.
•
The amount of time your child will spend inside the
general classroom and how much, if any, your child
will not participate in the general class or in the general
education curriculum.
•
The accommodations and modifications and supple-
mentary aids and services in the general education
setting, if any, needed for your child to succeed in a
general
education class. This could include, for exam-
ple, giving
your child untimed tests or having someone
help your child take class notes.
9
•
The accommodations needed, if any, for your child to
participate in statewide or districtwide tests. If your child
is not able to participate, even with accommodations,
another assessment will be done that will show your
child’s skills. Participation in this alternate assessment
will be documented in the IEP.
•
Supports that school personnel may need to imple-
ment the IEP, such as resource materials, training, or
equipment.
In developing the IEP, the team must consider:
•
The parents’ concerns and input
•
Whether a child exhibits behavior that interferes with
the child’s learning or the learning of others, and
therefore needs a behavior management plan or
supports
•
The needs of children with limited English language
skills
•
The use of Braille for children with visual problems
•
The communication needs of students, including
students who are deaf or hard of hearing
•
Whether the child needs assistive technology devices
or services to communicate or participate in the
activities at school
When a child requires additional time beyond the school
year to benefit from the special education program described
in the IEP, extended school year (ESY) services may be neces-
sary.
In some cases, for example, interruptions in the school
schedule, such as summer break, will result in children with
disabilities losing many of their basic skills and taking a long
time to get those skills back once school begins again. ESY
services are to be provided during breaks in the educational
schedule to prevent this loss as part of a free appropriate
public education. At each IEP meeting, the team will deter-
mine if the child is eligible for ESY. If found eligible, a
description of ESY services will be included in the IEP.
Secondary Transition Planning
As your child gets older, the IEP team will design a program
to help your child prepare for life when your child completes
high school. This is called secondary transition planning
because planning is done through the IEP to facilitate the
transition from school to college (or postsecondary educa-
tion),
work, living independently, or other activities in which
the young adult may be involved. Your child will learn the
skills needed in the future while your child is still in school.
Planning for the transition from school to adult living must
begin when your child turns 14, or sooner if the IEP team
thinks early planning would be appropriate. The IEP team
(including your child, when your child turns 14) must discuss
your child’s post-school plans and goals. These plans must
include the kind of education or training your
child will
10
receive, the kind of job your child might have, where
your child will live, and how your child will spend time
in the community. Community agencies, like the Office
for Vocational Rehabilitation, are often involved in this
planning to give your child the most opportunities to be
successful after high school.
Educational Setting
The law requires that children with disabilities be
placed
in educational settings that will give them as many oppor-
tunities as appropriate to be with students who are
not
disabled. This is called placing the student in the Least
Restrictive Environment (LRE).
The special education program will be developed com-
pletely before the IEP team decides where the child’s
program will be provided. The IEP team will consider
supports and services to determine how the program
can be delivered in the LRE. By law, the first place the
IEP team must consider is the general classroom in
the neighborhood school your child would attend if
your child did not have a disability (or where his or
her siblings would attend).
The Appropriate Services
The services chosen for your child will depend upon the
amount and type of special instruction or support your
child needs. A special education teacher may be able to
give instruction in the general classroom. An example of
this is “co-teaching,” where a general and a special educa-
tion teacher team teach in the same class.
For some children, placement outside of a general educa-
tion class for some of the day is necessary. Students who
receive most of their instruction in basic academic subjects
outside of a general education setting will still have oppor-
tunities to participate in other activities in school with
general education students. These opportunities might
include participation in subjects such as art or music,
belonging to a general homeroom, socializing in the
lunchroom, and attending assemblies and other enrich-
ment programs with their nondisabled peers.
Each IEP must include a description of the types of
support the child needs. Your child may receive more
than one type of support, and the type should not be
based on the child’s disability alone.
• Learning support – for children whose greatest
need of support is in the areas of reading, writing,
math, or speaking or listening related to academics.
• Emotional support – for children whose greatest
need is for social, emotional, and behavioral help.
11
•
Life skills support – for children whose greatest need
is to learn academic, functional, or vocational skills
that will enable them to live and work independently.
•
Blind and visually impaired support – for children
who require services related to visual impairment or
blindness. The IEP for these students must address
the extent to which Braille will be taught and used.
•
Deaf and hard of hearing support – for children
who require services related to deafness or hearing
impairment. The IEP for these students must
include a communication plan to address language
and communication needs.
•
Speech and language support – for children
who have speech and language impairments and
require services to develop communication skills.
•
Physical support – for children who have a phys-
ical disability and require services in functional
motor skill development.
•
Autistic support – for children who require services
in the areas of communication, social skills, or
behavior.
•
Multiple disabilities support – for children with
more than one disability, the combination of which
results in severe impairment, and who require ser-
vices in academic, functional, or vocational skills.
The law requires that students receiving special educa-
tion be placed in classes with students of the same age
range. At the elementary level (grades K–6), a class
cannot have children who vary in age by more than
three years. At the secondary level (grades 7–12), an
age range of no more than four years is allowed. An
exception can be made by the IEP team for an individual
child, based on the child’s needs. It must be justified in
the IEP.
Notice of Recommended Educational
Placement/Prior Written Notice
Once you have developed the IEP with the IEP team,
you will receive a Notice of Recommended Educational
Placement (NOREP)/Prior Written Notice (PWN).
The NOREP/PWN summarizes the school’s recommen-
dations, including the educational programs and services
recommended for your child. You must indicate your
approval of the IEP and educational placement in writ-
ing for your child’s initial special education placement
before the school may implement the IEP. There is no
requirement for this notice after each subsequent IEP
meeting, therefore, services will continue without your
signature on the NOREP/PWN for subsequent IEPs.
12
CHAPTER 3
What Are the School’s
Responsibilities to My Child
and Me?
Basic Rights for Parents
Whether you are the parent of a child with a disablity,
or the parent of a child thought to have a disability, you
have a right to be notified of the safeguards that serve
to protect the rights of your child. This is referred to
as procedural safeguards. The school must provide
parents with a copy of the Procedural Safeguards Notice
at least once each school year.
In addition, the law requires parents to be informed
and issued a Procedural Safeguards Notice:
• At the time of an initial referral or parent request
for an evaluation.
• When the school proposes to change the identifi-
cation, evaluation, educational placement, or the
provision of a free appropriate public education.
• When the school refuses your request to change
the identification, evaluation, educational place-
ment, or the provision of a free, appropriate,
public education (FAPE).
• Which includes the procedures to maintain the
privacy of your child’s education records. Your
child’s record will be seen only by those who
need to work with your child. Your LEA must
show you its policy about student
records and
confidentiality, if requested. Detailed
information
on confidentiality will be described in the notice
given to you on those instances listed above.
Your Child’s School Records
All parents are guaranteed the right to see their child’s
educational records within 45 calendar days after ask-
ing for them, before any meeting regarding an IEP, or
before a due process hearing. You may be charged a fee
for the copying of these records. Parents are also guar-
anteed the right to ask for and receive an explanation
of any information in the records.
The law guarantees that your child’s school records be
kept confidential. Only people with an educational
interest in your child should see them.
13
Someone has an educational interest in your child if
that person teaches your child or otherwise is respon-
sible for some aspect of your child’s education. Under
the Family Educational Rights and Privacy Act
(FERPA), records cannot be given to anyone outside
the school system without your permission unless
there is a legal reason for doing so. If you believe
that information in your child’s education records is
misleading or inaccurate, your district must have a
procedure for you to follow to address this issue.
Materials, Classrooms, and
School Buildings
Equipment and materials may be different for
children with disabilities because of their individual
needs, but they should be of the same quality as
the equipment and materials that are purchased for
students in general education classes. Each special
education class must be as close as appropriate to
usual
school activities, and located
where noise will not
interfere with instruction. Special education classes
should be located only in a space that is designed
for purposes of instruction, be readily accessible,
and allow at least 28 square feet per student.
High School Graduation
All students receiving special education services
in Pennsylvania are guaranteed the right to an oppor-
tunity to earn a high school diploma. A high school
diploma will be awarded to a student who successfully
completes the same courses and earns the same credits
as a general education student, or who completes the
special education program developed by the IEP team.
LEAs will permit students with disabilities to partici-
pate in graduation ceremonies with their
graduating
class, even though they may not be awarded
a diploma
because they will continue to receive educational ser-
vices. A student who reaches the age of twenty-one
(21) years during the school term and who has not
graduated from high school may continue to attend
the public schools in his/her district, free of charge,
until the end of the school term. For instance, at age
18, your child may be a part of graduation ceremonies
with his/her classmates, but still go to school until he/
she is 21.
You will receive written notice (NOREP/PWN) from
your child’s school of the termination of special educa-
tion services when school officials believe your child’s
IEP has been completed and your child is eligible for
graduation, or nearing the end of the school year in
which your child reaches the age of 21. If you disagree
with the notice, you may request an informal meeting
with school officials, mediation, or a special education
due process hearing.
14
In addition, you will be provided with your child’s
Summary of Academic Achievement and Functional
Performance (SAAFP). The SAAFP is a document that
is provided to students and their parents at the conclu-
sion of students’ high school education. The SAAFP
is intended to be a student-centered document that
summarizes individual abilities, skills, needs, and limi-
tations. Its purpose is to provide recommendations to
students that will support their successful transition to
adult living, learning, and working. It is designed to be
a useful and relevant document to assist students in
the transition from high school to higher education,
training, employment, and independent living. The
SAAFP may include input from various people,
including the student, the parents, the special educa-
tion teacher, the general education teacher, the career/
technical education teacher, the transition coordinator,
the school psychologist, related service personnel
(such as the speech-language teacher and the occupa-
tional therapist), and agency representatives (such as
the Office of Vocational Rehabilitation). A thoughtfully-
completed SAAFP can provide a “bridge” that addresses
the next steps necessary to complete the transition
process that began in the years prior to exiting high
school. It provides students and families with a clear
idea of what they need to continue to do to work
toward the goals students set for themselves.
Discipline for the Student Receiving
Special Education Services
Behavior problems sometimes are the result of a child’s
disability. When behavior caused by the disability
results in the violation of school rules, school officials
must use appropriate discipline.
When the IEP team determines that a student’s behav-
ior is likely to disrupt learning, it must be addressed in
the IEP. Programs to manage or change behavior must
be designed using positive approaches to help children
correct or manage their behavior. Positive approaches
include recognizing and rewarding appropriate behaviors
and teaching new skills so that they will replace those
behaviors that are inappropriate. These approaches do
not
include punishing, embarrassing, or isolating your
child.
Discipline must not include use of restraints, except in
an
emergency situation where there is a danger that
the child will be harmed or will harm someone else. If
restraints are used in those situations, the school must
schedule an IEP team meeting within 10 school days of
the incident to review the current IEP to make sure it is
appropriate and is still effective. Mechanical restraints
may be used only when specified by an IEP and as sug-
gested by a qualified medical professional to control
involuntary movement or lack of muscular control.
15
None of the following methods of punishment may be
used with children:
• Corporal punishment (that is, bodily punishment)
• Punishment for behavior that is caused by
the student’s disability
• Locked rooms, locked boxes, or other locked
structures or spaces from which the student
cannot readily exit
• Noxious (that is, harmful) substances
• Withholding of basic rights, such as withholding
meals, water, or fresh air
• Treatment of a demeaning nature (for example,
making a student feel less important than other
students)
• Electric shock
• Prone restraints (that is, the student being held
face down on the floor)
•
Suspension or removals from school for disciplinary
reasons that form a pattern. (The following section
provides additional information with regard to those
removals.)
Disciplinary Exclusion
There are special regulations in Pennsylvania for
excluding children receiving special education services
for disciplinary reasons. Before a student is excluded
from school for more than 10 school days in a row or
15 total school days in any one school year for disci-
plinary reasons, the IEP team must meet. A Notice of
Recommended Educational Placement (NOREP)/Prior
Written Notice form must be given to you and signed,
because keeping a child out of school under these
circumstances is considered a change in his/her edu-
cational placement. The exclusion of a child with an
intellectual disability for any amount of time is consid-
ered a change in placement and requires all of the steps
mentioned above. When a student is removed from
school for more than 10 days in a year, but less than 15,
these removals may be a change in placement and, if so,
require prior notice to the parents for approval. This
determination is done on a case-by-case basis. Factors
such as the length of time of each removal, the total
amount of time the child is removed, and how close the
removals are to one another are used to determine if the
series of removals is a change in placement. If you do
not agree with the change in placement on the NOREP,
your child remains in the existing placement until due
process is complete (see page 21). School officials may
seek a court order to exclude your child from school to
override your disapproval.
If no behavioral plan is included in the IEP, a functional
behavioral assessment (FBA) must be completed and a
behavioral plan developed. An FBA reviews the child’s
16
behavior where the problems are occurring and helps to
determine what is happening to trigger and reinforce
the inappropriate behaviors. The IEP team then outlines
steps to take to reduce problem behaviors and replace
them with appropriate ones. If a plan already exists, it
must be reviewed and, if necessary, changed.
In addition, a review must be conducted by the IEP
team to decide if your child’s behavior was caused by,
or is a manifestation of, your child’s disability. This
review is called a Manifestation Determination. The
team must decide if the conduct in question was
caused by, or had a direct relationship to, your child’s
disability; or if the conduct in question was the direct
result of failure to implement your child’s IEP. A child
with a disability cannot be disciplined for behaviors
that are related to, or are manifestations of, the child’s
disability.
In school situations where your child was involved in
possession of a weapon, possession or use of illegal
drugs, the sale of a controlled substance, or serious
bodily injury, the Individuals with Disabilities
Education Act (IDEA 2004) allows school officials
to change your child’s placement for no more than
45 school days, without your permission. In the new
45-day education placement (called an interim alter-
native educational setting), your child must be able
to receive the services in the IEP and continue to
demonstrate progress in the general curriculum. The
new placement must also offer services to manage
your child’s behavior.
Due Process to Challenge Disciplinary
Exclusion
If the IEP team decides that your child’s behavior was
not related to your child’s disability, your child’s place-
ment may be changed for disciplinary reasons. You
have the right to ask for a due process hearing to chal-
lenge this decision (see Chapter 4). During the hearing
and any appeals, your child stays in the disciplinary
placement until the hearing officer decides on the
appeal. If the incident involved drugs, weapons, seri-
ous bodily injury, or behavior that is a danger to your
child or to others, your child stays in the disciplinary
placement for up to 45 school days or to the end of
due process, whichever occurs first.
School officials may ask for an expedited hearing if
they believe that the child is a danger to self or others
in the original placement. In such case, the hearing
officer must issue a decision within 30 school days.
Anytime a child is given a disciplinary removal that
is a change in placement, or anytime a placement is
changed for possession of weapons or drugs or serious
bodily injury, school officials must still provide a free
17
appropriate public education (FAPE). The child’s IEP
team determines the services the child needs to partic-
ipate in the general education curriculum and to make
progress toward meeting the goals in the IEP.
The law contains certain protections for children not
yet identified as “eligible for special education services”
who face disciplinary procedures. If school officials
had knowledge that a child has a disability, the child is
entitled to the protections given to children already
identified as having a disability and needing special
education services. The school may have had requests
from the parents for an evaluation or written expres-
sions of concern to supervisory or administrative
personnel, or teachers or other school personnel may
have expressed concerns about the child’s pattern of
behavior or performance to the special education
director or other supervisory personnel.
18
CHAPTER 4
What if I Disagree With School
Officials About My Child’s
Education Program or Think
My Child’s Rights Are Being
Denied?
The Rights of Parents
If you do not believe your child’s special education
program is helping your child succeed in school, you
should first talk to your child’s teacher. If you wish to
visit your child’s classroom to observe your child’s pro-
gram, you must follow the school’s visitation policy.
You can check with your school’s administration office
to learn more about the visitation policy. You can
also request an IEP meeting to discuss changing your
child’s program if you think a change is necessary.
The IEP team may then decide that a reevaluation is
needed to gather more information about your child.
Anytime school officials suggest a reevaluation of
your child or your child’s program, you will be invited
to participate in the reevaluation process. You may
request an IEP team meeting, a mediation session, or
a due process hearing in order to resolve differences
that you may have with school officials regarding your
child’s education.
If you are placing your child in a private school and
are asking the school district to pay tuition for this
private school because you believe your child is not
receiving a free appropriate public education, you
must give advance notice to school officials. This
notice can be given at the IEP meeting or in writing
10 business days before you remove your child from
public school. If you do not give this notice, the reim-
bursement to you may be reduced or denied. If the
LEA gave notice of their intent to evaluate
your child
for special education prior to your removal
of your
child, reimbursement may be reduced or
denied if
you did not make your child available for the evalua-
tion. Reimbursement may be reduced or denied for
the private placement if a court thinks your actions
have been unreasonable.
An exception to the reduction or denial of reimburse-
ment will be made if:
• you are unable to read or write in English,
• physical or serious emotional harm to the child
may result if the parent adhered to the prior
notice requirements,
19
• the school prevented the parent from providing
the notice to the school, or
• the school failed to give the parent notice of these
rights and procedures.
Removing Your Child From
Special Education
A parent has the right to withdraw a student with a
disability from special education programs and related
services. A parent must do this in writing. The LEA
must issue a Notice of
Recommended Educational
Placement (
NOREP
)/Prior Written Notice to parents
prior to the termination of special education and related
services. All special education programs and services
will cease on the eleventh day from the receipt of the
parents’ revocation letter. An
LEA may not continue to
provide special education and related services or use
due process to challenge a parental decision to with-
draw a student
from special education programs. When
a child is withdrawn
from special education, the LEA is
not required to remove references to special education
services from the child’s records.
Special Education ConsultLine
The Bureau of Special Education has established
ConsultLine, a toll-free information line for your
questions and concerns: 1-800-879-2301. ConsultLine
is designed to assist parents and advocates of children
with disabilities or children thought to have a disability.
If
you have questions concerning your child’s special
education
program or the laws relating to the provision
of services in your child’s IEP, the special education
consultants at ConsultLine may be able to assist you.
You may leave a message, and a consultant will return
your call within a reasonable number of business days.
Mediation
Even when parents and school officials try their best
to develop and carry out an appropriate program for
a child, disagreements can occur. Mediation is a free,
voluntary, confidential procedure designed to help
parents and school officials resolve the dispute.
It is
an alternative to a due process hearing. However,
both
you and the school must be willing to participate in a
mediation session in order for it to occur.
Mediation
may take place at any time during or before the due
process cycle. However, mediation cannot be a required
process and may not serve to delay or deny a parent
the right to a due process hearing.
If you and school officials agree to try mediation, the
Office for Dispute Resolution will arrange for a neu-
tral, specially-trained mediator to hold a mediation
session. During mediation, the mediator will meet
20
with both sides to hear both points of view regarding
the disagreement. The mediator may meet with both
sides together and separately, to better understand
each position. Neither school officials nor parents
may include a lawyer at a mediation session.
The mediator will not make a decision on the
dis
agreement. Rather, the mediator will help both
parties to reach an agreement. The agreement will
be put into writing and, if appropriate, it will be
incorporated into the student’s IEP. The mediation
agreement is a legally binding document and is
enforceable in a court.
You may discuss mediation with your school
admini-
strator or you may call the Office for Dispute Resolution
at 1-800-222-3353. Both the Procedural Safeguards
Notice and the Office for Dispute Resolution website
(odr-pa.org) contain a form for this purpose.
The Special Education Hearing
You may request a special education due process hear-
ing anytime you have concerns about your child’s
program, placement or evaluation, or the provision of
a free appropriate public education. When requesting
a due process hearing, you or your lawyer must make
a written request to school officials and the Office for
Dispute Resolution (ODR). This request must include
the following information:
• The name and address of the child and
the name of the school the child attends.
• A description of the problem.
• A proposed solution to the problem.
The
commonwealth has developed a form for school
districts to provide to parents for this purpose. This
form is called a Due Process Complaint Notice. It is
available through your school district’s administrative
office, the Office for Dispute Resolution website
(odr-pa.org), and your Procedural Safeguards Notice.
Within 15 days of receiving notice of your complaint
and before a hearing is held, the LEA must hold a res-
olution session for you and school officials to provide
an opportunity to resolve your complaint, unless both
you and the school agree in writing to waive (that is,
not insist on) this meeting or agree to use mediation.
If your complaint has not been resolved to your satis-
faction within 30 days of the school’s receipt of the Due
Process Complaint Notice, a hearing may occur before
an impartial hearing officer. The hearing officer cannot
work for the
LEA
. You may be represented by a lawyer
or you may represent yourself. You may also be accom-
panied and advised by any individuals whom you
21
believe would be knowledgeable or helpful to you dur-
ing the hearing. This may include the child’s family
member, friend, service provider, former educators,
advocate, or anyone close to your child.
Each side may have witnesses and may ask questions of
the other side’s witnesses. Prior to the hearing date, you
may ask the hearing officer to subpoena anyone from
the
LEA
whom you believe has information important
to your case. Witnesses testify under oath.
Both sides may give the hearing officer written material
to consider. A list of material to be used at a hearing
must be given to each side at least five business days
before the hearing. Any information given to the hear-
ing officer to consider must also be given to the
LEA
.
The hearing must be held at a reasonably convenient
time and place for you. The hearing will be closed to
the public unless you ask the hearing officer to open
the hearing to the public. A transcript of what was said
during the hearing will be made available upon your
request.
The hearing officer will listen to both sides and then
make a written decision. The decision will be mailed to
you and to school officials within 45 calendar days after
the receipt of your request for the hearing, unless an
extension has been granted by the hearing officer.
Except in limited circumstances (see page 16 “Due
Process to Challenge Disciplinary Exclusion”), when a
parent requests a due process hearing, the child must
remain in the child’s current educational placement
unless the parent and
LEA
agree otherwise. This is
called the “stay put” rule or “pendency.” If the parent’s
request is made at a time when there is a dispute per-
taining to initial admission to public schools, the child
must be placed in the public school, with the parent’s
consent, until due process is complete.
If you prevail in a due process hearing, it can be decided
by the courts that your attorney’s fees will be paid by
the
LEA
. Parents may be ordered to pay the
LEA’s
costs
if the hearing officer decides the parent filed a com-
plaint to harass, cause unnecessary delay, or needlessly
increase costs to the
LEA
.
The Court Process
If you disagree with the decision of the hearing
officer, you may file an appeal in court. You must file
your case in commonwealth or federal court within
90 calendar days after the hearing officer’s decision.
22
When a child has unique needs that require special
education as a result of a disability, those needs are to
be determined and a program to meet those needs
must be designed
and carried out. However, the pro-
cedures and processes involved in designing this
special pro
gram and carrying it out are complicated
and may seem
burdensome.
Everyone involved must remain focused on meeting
each child’s individual needs. When parents and
school officials successfully keep this objective in
mind, the likelihood of providing quality educational
programming dramatically increases.
CONCLUSION
23
Resources
The Arc of Pennsylvania
800-692-7258 www.thearcpa.org
Bureau of Special Education ConsultLine
800-879-2301
Disability Rights Network of PA (DRN)
800-692-7443 www.drnpa.org
Education Law Center
215-238-6970 www.elc-pa.org
Hispanics United for Exceptional Children (HUNE, Inc.)
(Philadelphia, Pennsylvania)
215-425-6203 www.huneinc.org
Mission Empower
855-222-3353
www.missionempower.org
Office for Dispute Resolution
800-825-0788 http://odr-pa.org
Office of Vocational Rehabilitation
800-442-6351 www.tinyurl.com/pa-ovr
Parent Education and Advocacy Leadership (PEAL) Center
412-281-4404 www.pealcenter.org
866-950-1040
Parent to Parent of Pennsylvania
888-727-2706 www.parenttoparent.org
Pennsylvania State Task Force on the Right to Education
(Each intermediate unit has a local task force.)
800-360-7282, option 5 www.pattan.net
717-541-4960, option 5 →About →Partners
Pennsylvania Training and Technical Assistance Network
(PaTTAN)
800-441-3215
(East)
www.pattan.net
800-360-7282
(Harrisburg)
800-446-5607
(Pittsburgh)
Public Interest Law Center of Philadelphia (PILCOP)
215-627-7100
www.pilcop.org
24
Glossary of
Special Education Terms
Assistive Technology (AT) Device:
A piece of equipment
or product that is used to increase, maintain, or improve
the way a child with a disability interacts and communi-
cates with the world around them. This does not include
a medical device that is surgically implanted or the
replacement of such a device.
Assistive Technology (AT) Services:
Services to help a
child with a disability use an assistive technology device.
These
services include evaluating the needs of the child;
providing
the device; and then training the child, the
child’s family, and the professionals who work with that
child in the use of the device.
Chapter 14:
The state law pertaining to the delivery
of special education services and programs. It is called
“regulations” or is sometimes called “rules.”
Child With a Disability:
A child evaluated as having
an intellectual disability, a hearing impairment including
deafness, a speech or language impairment, a visual
impairment including blindness, emotional disturbance,
an orthopedic impairment, Autism Spectrum Disorder,
traumatic
brain
injury, other health impairments, a
specific learning disability, deaf-blindness, or multiple
disabilities, and
who, as a result of the disability, needs
special education
and related services.
Due Process:
The procedures that parents can use to
disagree with the decisions of
LEA
officials concerning
special education. The parent is informed of this right by
written notice, which describes the options of a prelimi-
nary resolution session, a formal hearing,
and appeals.
Evaluation:
The process used to determine if a child
has a disability and if special education is needed. The
evaluation looks at how the child learns, the kinds of
instruction that would be successful, and the kinds of
instruction that have been tried and have not resulted
in success.
Evaluation Report (ER): The report that is compiled
and written by the evaluation team (which includes
parents) following an evaluation. It describes all of
the information gathered from the team members,
including the results of assessment. From the report,
the evaluation team determines the student’s eligibility
and need for special education programs.
Evaluation Team:
A team of educators, other professional
individuals, and the child’s parents that reviews all formal
testing of a child and all other evaluation material. The
evaluation team must issue a written report stating if
the child is a child with a disability who needs special
education and making suggestions about the programs
and services needed.
25
Free Appropriate Public Education (FAPE):
A program
of education and related services for a child with a disabil
-
ity that is designed to meet the child’s special education
needs. Appropriate services are those that allow the child
to make meaningful progress in the educational setting.
FAPE is provided without charge to parents.
Individualized Education Program (IEP): The plan
written by the IEP team (including parents) that specifi-
cally describes the programs and services necessary for
a free appropriate public education for the child with a
disability.
Individuals With Disabilities Education Act (IDEA
2004):
The federal law that governs the provision of
special education services and the rights of parents of a
child with a disability.
Least Restrictive Environment (LRE):
Students eligible
for special education will be educated to the maximum
extent appropriate with students who are not disabled.
Notice of Recommended Educational Placement
(NOREP)/Prior Written Notice (PWN):
The notice given
to parents that summarizes the recommendations of the
school for the child’s educational program, as well as other
actions
.
Parent:
A
birth
parent,
adoptive
parent,
surrogate
parent,
or
foster parent who has been assigned educational decision-
making rights. The term may also apply to an individual
acting in the place of a birth or adoptive parent (including
grandparent or other relative) with whom the child lives
and who has educational decision-making rights, or an
individual who is legally responsible for the child.
Related Services:
Services necessary to provide specially-
designed instruction to ensure the child benefits from
the special education programs. Examples are special trans-
portation, counseling, school health services, and physical
therapy.
Secondary Transition Services:
Specific planning in
school that helps to prepare students with disabilities to
participate more effectively in higher education or job
training, community participation, independent living,
continuing and adult education, and employment when
they leave school.
Special Education:
An educational program individually
designed to meet the unique education needs for a child
with a disability. A special education professional is directly
involved as either a consultant or a provider of services.
Specially-Designed Instruction:
Adapting the content,
methods, or delivery of the instruction as is appropriate
based on the unique needs of the child with a disability.
Supplementary Aids and Services (SaS):
Aids, services,
and other supports provided in general education classes
or other education-related settings to enable children with
disabilities to be educated with nondisabled children to the
maximum extent appropriate.
Notes
revised 10/18
Commonwealth of Pennsylvania
Tom Wolf, Governor
Department of Education
Pedro A. Rivera, Secretary
Matthew Stem, Deputy Secretary, Elementary and Secondary Education
Ann Hinkson-Herrmann, Director, Bureau of Special Education
