
22 PA Code, Chapter 14
This section of the PA Code specifies how the Commonwealth will meet its obligations to children with suspected and identified children with disabilities who require special education and related services. Final Chapter 14 regulations were published in the Pennsylvania Bulletin on June 28, 2008, and became effective on July 1, 2008.
The Special Education regulations in Pennsylvania for school districts are found under the 22 PA Code, Chapter 14. Chapter 14 provides regulatory guidance to ensure compliance with the federal law, the Individuals with Disabilities Education Act of 2004, and its regulations. The provisions of Chapter 14 ensure that all students with disabilities have available to them a free appropriate public education that is designed to enable the students to participate fully and independently in the community, including preparation for employment or higher education. Chapter 14 also ensures that the rights of students with disabilities and their parents are protected.
22 PA Code Chapter 16
This section of the PA Code specifies how the Commonwealth will meet its obligations to suspected and identified gifted students who require gifted education to reach their potential. It is the intent of the Board that gifted students be provided with quality gifted education services and programs.
Accommodations
Tools and procedures that provide equal access to instruction and assessment for students with disabilities. Designed to "level the playing field" for students with disabilities, accommodations are generally grouped into the following categories:
Presentation (e.g., repeat directions, read aloud, use of larger bubbles on answer sheets, etc.)
Response (e.g., mark answers in book, use reference aids, point, use of computer, etc.)
Timing/Scheduling (e.g., extended time, frequent breaks, etc.)
Setting (e.g., study carrel, special lighting, separate room, etc.).
BIP
A Behavior Intervention Plan (BIP) addresses problem behavior that includes, as appropriate, positive behavioral interventions, strategies, and supports; program modifications; and supplementary aids and services that may be required to address the problem behavior.
A Functional Behavioral Assessment (FBA) is the type of evaluation that is necessary to obtain a BIP. An FBA is used when a student's behavior interferes significantly with his or her learning or that of peers. A FBA consists of indirect and direct information-gathering that results in identifying a hypothesis about the function of the behavior, the environmental events, and the consequences that are serving to maintain the behavior.
This information provides the basis for developing a Positive Behavior Support Plan (PBSP). Throughout the baseline and intervention phases the team collects and analysies the data and makes behavior plan decisions based upon that ongoing data analyses.
CBM
Curriculum Based Measurement (CBM): Tools for measuring student competency and progress in the basic skill areas of reading fluency, spelling, mathematics and written language.
COPAA
The Council of Parent Attorneys and Advocates, Inc. (COPAA) is an independent, nonprofit, §501(c)(3) tax-exempt organization of attorneys, advocates and parents. Our primary mission is to secure high quality educational services for children with disabilities.
COPAA is premised on the belief that the key to effective educational programs for children with disabilities is collaboration -as equals- by parents and educators.
CHADD
CHADD (Children and Adults with Attention-Deficit/Hyperactivity Disorder) is the nation's leading non-profit organization serving individuals with AD/HD and their families. CHADD has over 16,000 members in 200 local chapters throughout the U.S. Chapters offer support for individuals, parents, teachers, professionals, and others.
CHADD was founded in 1987 in response to the frustration and sense of isolation experienced by parents and their children with AD/HD.
Differentiated Instruction
This teaching method enables an educator to vary their lesson plans based on the various needs of individual students. Rather than “teach to the middle” and thereby lose children in need of help and the ones who feel unchallenged, this method is beneficial and effective for each individual.
Due Process Complaint
A written complaint filed by a parent or a school district involving any matter relating to the identification, evaluation, educational placement or provision of a free, appropriate, public education to a student with a disability. Due process complaints must be filed within two years of the matter in dispute.
Due Process Hearing
A formal, quasi-legal procedure before an impartial hearing officer or administrative law judge (or panel of judges) who is not an employee of the state educational agency or school district. Both the parents and the school district present arguments and evidence.
The parent or local educational agency (LEA) may request a due process hearing with respect to any matter relating to the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education (FAPE) by filing a "Due Process Complaint Notice" (formerly the "Due Process Hearing Request Form"). A due process hearing will not proceed until all required information is provided and procedures followed. The parent or LEA must request a due process hearing through the filing of a Due Process Complaint Notice within two years of the date by which the parent or the LEA knew or should have known about the alleged action that forms the basis of the Due Process Complaint Notice. A copy of the Due Process Complaint Notice must be sent to the other party and, at the same time, to the Office for Dispute Resolution.
The Due Process Complaint Notice must contain the following information:
1. The name of the child; the address where the child lives, and the name of the school the child is attending;
2. If the child or youth is homeless, available contact information for the child and the name of the school the child is attending;
3. A description of the nature of the problem, including facts relating to such problem; and
4. A proposed resolution of the problem to the extent known and available to the party filing the Notice.
Educational placement for Gifted
The overall educational environment in which gifted education is provided to a gifted student. (PA CODE Chapter 16.1- definitions)
Educational placement for Special Ed
Educational Placement for Special Education is to be decided last at an IEP meeting, after present levels, goals, SDI and level of service. Each student's placement should be individual for hir or her needs and the IEP team must consider LRE.
Exceptional Needs Foundation (ENF)
The Exceptional Needs Foundation is a nonprofit organization dedicated to providing education, information, training, and counseling to individuals who have special needs and to their parents and guardians. We provide both an environment and training that is objective and comprehensive.
Exceptional Needs Foundation was established based on the belief that a parent with the appropriate information and resources will make the optimal choices for their child. If the parent is supplied with many opportunities, the path of the parents and the child with exceptionalities does not have to be one of uncertainty, but rather can be one of confidence and hope. ENF will provide the parents with resources that will allow them to make the best decisions for their child at each stage of the child’s development. ENF is committed to assisting the parents and the child on their path and providing information and guidance throughout the family’s journey.
Extended School Year (ESY)
Parents can petition to have their child’s support continue through the summer if the meet the criteria for ESY.
FAPE
Free Appropriate Public Education (FAPE): Special education and related services that are provided at public expense, under public supervision and direction, and without charge to the parent, and that meet the standards of the state education department. Special education and related services must be provided in conformity with an Individualized Education Program (IEP) as required by IDEA.
FBA
Functional Behavioral Assessment (FBA): A problem-solving process for addressing student problem behavior. FBA relies on a variety of techniques and strategies to identify the reasons for a specific behavior and to help IEP teams select interventions that directly address the problem behavior.
Functional skills
Skills needed for independent living, such as cooking, comparison shopping, working with or managing money, using public transportation, and knowing how to be safe in the community.
General education curriculum
The body of knowledge and range of skills that all students in the state are expected to master.
Gifted Multidisciplinary Evaluation
A systematic process of testing, assessment, and other evaluative processes used by a team to develop a recommendation about whether or not a student is gifted or needs gifted education. (PA CODE Chapter 16.1- definitions)
Gifted student
(i) A student who is exceptional under section 1371 of the School Code (24 P. S. § 13-1371) because the student meets the definition of ‘‘mentally gifted’’ and needs specially designed instruction beyond that required in Chapter 4 (relating to academic standards and assessment). (ii) The term applies only to students who are of ‘‘school age’’ as defined under § 11.12 (relating to school age). (PA CODE Chapter 16.1- definitions).
The Individuals with Disabilities Education Act (IDEA) 2004
The Individuals with Disabilities Education Act (IDEA) is the main federal program authorizing state and local aid for special education and related services for children with disabilities, including students with learning disabilities.
The purpose of the IDEA is “to ensure that all children with disabilities have available to them a free, appropriate education that emphasizes special education, employment and independent living.”
On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act (P.L. 108-446), a major reauthorization and revision of IDEA. The new law preserves the basic structure and civil rights guarantees of IDEA but also makes significant changes in the law, including new provisions regarding how schools can determine whether a child has a specific learning disability and may receive special education services. Most provisions of P.L. 108-446 became effective on July 1, 2005.
IEP
Under the IDEA, each disabled child who meets the eligibility requirements is entitled to an Individualized Education Plan (IEP). An IEP report contains a description of the specific remediation, support and assistance a student will receive to achieve their goals. The necessary supports and goals are based on careful assessment of the child and are largely based on their educational needs. Your child must have one (or more) of the following disabilities recognized by the IDEA:
An Individual Family Service Plan (IFSP)
An Individual Family Service Plan (IFSP) is a document which enables families and professionals in a community to work together in addressing the developmental needs of a child from birth to age three. The IFSP gives families:
Individualized Service Plan (ISP)
Under the AMHI consent decree, all children are entitled to an Individualized Service Plan (ISP). An ISP is a service plan for private school children. It outlines a child’s goals and the supports necessary to achieve those goals. In an ISP, the child’s strengths must be addressed; the goals should be tailored to build on these unique strengths. The ISP is created by the child, a community support worker, and others that the child’s fmaily chooses to participate. This incorporates the child into the process and helps create a plan based on the child’s perceived needs.
Mediation
A confidential, voluntary process that allows parties to resolve disputes without a formal due process hearing. An impartial mediator helps the parties to express their views and positions and to understand the other’s views and positions. The mediator's role is to facilitate discussion and help parties reach an agreement -- not to recommend solutions or take positions or sides. IDEA.
In-the-Ear (ITE) Aids ITE
The Hearing and Speech Program, a provider of multi-treatment services for hearing impaired children, recognizes that ITE aids are appropriate for many hearing impaired children. However, the Hearing and Speech Program also recognizes that not all children should be fitted with an ITE aid.
Local Education Agency (LEA)
A term for a public organization - such as a school district, charter school, or intermediate unit - that serves students with disabilities
Mentally gifted
Outstanding intellectual and creative ability the development of which requires specially designed programs or support services, or both, not ordinarily provided in the regular education program (PA CODE Chapter 16.1- definitions)
No Child Left Behind Act
The purpose of the No Child Left Behind Act of 2001 (NCLB) is to ensure that all children have a fair, equal and significant opportunity to obtain a high-quality education and reach, at a minimum, proficiency on challenging State academic achievement standards and state academic assessments.
NCLB requires schools and school districts to meet the educational needs of all children, including children with disabilities, English language learners, minority and migratory children and other neglected groups of children and to publicly report their progress in education these children every year.
Key requirements of this law include annual proficiency tests in grades 3-8, a highly qualified teacher in every classroom, research based instruction, increased parental rights, school choice and public reporting of progress by schools, school districts and states. (special education law, peter wright. P.299)
Positive Behavior Support Plan (PBSP)
The IDEA requires that a student's IEP team consider adoption of "strategies, including positive behavioral interventions, strategies, and supports" to address behavior that "impedes the student's learning or that of others." This document provides a structure for teams to specify, within the format of an IEP, behaviors that are prohibited; behaviors that are expected; the positive interventions, strategies and supports to address the behaviors; and the positive and negative consequences for identified behaviors.
Penn Data
A calculation performed by the school which compares the time a child spends in regular education v. the time spent in special education
Petition to Evaluate (PTE)
Before a child can be tested for disability by the school board, a Petition to Evaluate (PTE) must be filed. Parents may request an evaluation at any time, and the request must be in writing. The school shall make the PTE form readily available for that purpose. If a request is made orally to any professional employee or administrator of the school entity, that individual shall provide a copy of the permission to evaluate form to the parents within ten calendar days of the oral request. (22 Pa Code 14.123(c) )
The purpose is to have a formal written document of the request.
Response to Intervention (RtI)
In general terms, RtI is an early intervening strategy which enables early identification and intervention for students at academic or behavioral risk. The overreaching goal of RtI is to improve student achievement using research based interventions matched to the instructional need and level of the student.
RtI allows educators to identify and address academic and behavioral difficulties prior to student failure.
While the RtI method still needs some adjusting, it may eventually be used to replace other models currently used to identify students with learning disabilities.
Rehabilitation Act of 1973
The Rehabilitation Act is the Federal legislation that authorizes the formula grant programs of vocational rehabilitation, supported employment, independent living, and client assistance. It also authorizes a variety of training and service discretionary grants administered by the Rehabilitation Services Administration.
The Act authorizes research activities that are administered by the National Institute on Disability and Rehabilitation Research and the work of the National Council on Disability. The Act also includes a variety of provisions focused on rights, advocacy and protections for individuals with disabilities.
Resolution Session
A mandatory meeting that the school district must convene within 15 days of receiving the parents’ due process complaint. The resolution session includes parents, members of the IEP team relevant to the complaint, and a representative of the school district who has decision-making authority.
Special Needs Advocacy Group (SNAG)
The Special Needs Advocacy Group was created by and for caregivers of children with special needs in the School District of Cheltenham Township. We are committed to providing advocacy, support, and education to create a school community in which all children are equally engaged, respected, and academically challenged.
Specific Learning Disability
A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, which disorder may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include a learning problem that is primarily the result of visual, hearing, or motor disabilities, of mental retardation, of emotional disturbance, or of environmental, cultural, or economic disadvantage.
Universal screening
A step taken by school personnel early in the school year to determine which students are "at risk" for not meeting grade level standards. Universal screening can be accomplished by reviewing a student's recent performance on state or district tests or by administering an academic screening to all students in a given grade. Students whose scores on the screening fall below a certain cut-off point are identified as needing continued progress monitoring and possibly more intensive interventions.
IDEA.
Vocational rehabilitation (VR)
A set of services offered to individuals with disabilities designed to enable participants to attain skills, resources, attitudes, and expectations needed to compete in the interview process, get a job, and keep a job. IDEA.
© 2009-2012 Melissa Bilash / Advocacy & Consulting for Education Inc. All rights reserved.