Revised Chapter 14 Special Education Regulations Trish Andrews Christina Lane Andrews & Price 412-243-9700.

Revised Chapter 14 Revised Chapter 14 Special Education Special Education

Regulations Regulations

Trish AndrewsTrish Andrews

Christina LaneChristina Lane

Andrews & PriceAndrews & Price

412-243-9700412-243-9700

Chapter 14 RevisionsChapter 14 Revisions

14.102 Purpose:14.102 Purpose:– Adds new language, but not new meaningAdds new language, but not new meaning– Ensure that children with disabilities:Ensure that children with disabilities:

Have access to general curriculumHave access to general curriculum Participate in state and local assessmentsParticipate in state and local assessments Are educated to maximum extent appropriate Are educated to maximum extent appropriate

with nondisabled peerswith nondisabled peers– Provided supplementary aids and services to do soProvided supplementary aids and services to do so

Schools provide continuum of placement Schools provide continuum of placement optionsoptions

– Even in light of GaskinsEven in light of Gaskins


14.103 Terminology14.103 Terminology– Clarifies that for children enrolled by Clarifies that for children enrolled by

their parents in private schools (where their parents in private schools (where FAPE is not an issue) that the FAPE is not an issue) that the intermediate unit is considered to be the intermediate unit is considered to be the LEA for purposes of:LEA for purposes of: Child FindChild Find Equitable participationEquitable participation


14.104 Special Education Plans14.104 Special Education Plans Must specify the special education Must specify the special education

programs operated by districtprograms operated by district Must describe:Must describe:

– Early intervening (not early intervention) Early intervening (not early intervention) services services

– Procedures for identifying learning Procedures for identifying learning disabilitydisability

– Examples of supplementary aids and Examples of supplementary aids and services providedservices provided


14.104 Special Ed Plans14.104 Special Ed Plans– Access to the full continuum of Access to the full continuum of

placement optionsplacement options– Policies and procedures to prevent over-Policies and procedures to prevent over-

identification of minoritiesidentification of minorities– Procedures on behavior supportProcedures on behavior support

Staff trainingStaff training

– Parent training activities providedParent training activities provided


14.105 – Personnel14.105 – Personnel Newly added sectionNewly added section Instructional ParaprofessionalsInstructional Paraprofessionals

– Definition:Definition: school employee who school employee who works under the direction of a certified works under the direction of a certified staff member to support and assist in staff member to support and assist in providing instructional programs and providing instructional programs and servicesservices One on one or group review of materialsOne on one or group review of materials Classroom managementClassroom management Implementation of + behavior support plansImplementation of + behavior support plans


Instructional paras must meet one of Instructional paras must meet one of the following qualifications effective the following qualifications effective 7/1/10:7/1/10:– Completed at least 2 years of Completed at least 2 years of

postsecondary studypostsecondary study No specific area requiredNo specific area required

– Possess associate degree or higherPossess associate degree or higher No specific area requiredNo specific area required

– Meet rigorous standard of qualify through Meet rigorous standard of qualify through state or local assessmentstate or local assessment


Personal Care AssistantsPersonal Care Assistants– Definition:Definition: Provides 1-1 support and Provides 1-1 support and

assistance to a student includingassistance to a student including Use of medical equipmentUse of medical equipment Augmentative communication deviceAugmentative communication device Activities of daily livingActivities of daily living Monitoring health and behaviorMonitoring health and behavior

– Can provide support to more than one Can provide support to more than one studentstudent But not at the same timeBut not at the same time


Educational InterpretersEducational Interpreters– Definition:Definition: provides students who are provides students who are

deaf or hard of hearing with interpreting deaf or hard of hearing with interpreting (ASL) or transliterating services in an (ASL) or transliterating services in an education settingeducation setting

– Qualifications:Qualifications: Achieve and provide evidence of a score of 3.5 Achieve and provide evidence of a score of 3.5

on the Educational Interpreter Performance on the Educational Interpreter Performance Assessment for the appropriate grade level to Assessment for the appropriate grade level to which the person is assigned; which the person is assigned;

– Score will be reviewed every 2 yearsScore will be reviewed every 2 years

– OROR


Qualifications:Qualifications:– Be a qualified sign language interpreter Be a qualified sign language interpreter

or a qualified transliterator under the or a qualified transliterator under the Sign Language Interpreter and Sign Language Interpreter and Transliterator Registration ActTransliterator Registration Act Oddly Act exempts educators who are Oddly Act exempts educators who are

interpreting or transliterating in a public interpreting or transliterating in a public school systemschool system


Instructional Paras and PCAsInstructional Paras and PCAs– Evidence of 20 hrs of staff developmentEvidence of 20 hrs of staff development

Each school yearEach school year Related to their assignmentRelated to their assignment

– How closely related?How closely related?

Interpreters/TransliteratorsInterpreters/Transliterators– Evidence of 20 hrs of staff developmentEvidence of 20 hrs of staff development

Each yearEach year Related to interpreting or transliterating Related to interpreting or transliterating


CaseloadsCaseloads– Definitions:Definitions:

Full Time:Full Time: special education provided by special education provided by special education personnel for 80% or more special education personnel for 80% or more of school dayof school day

Itinerant:Itinerant: special education provided by special education provided by special education personnel for 20% or less special education personnel for 20% or less of school dayof school day

Supplemental:Supplemental: special education provided special education provided by special education personnel for more by special education personnel for more than 20%, but less than 80% of school daythan 20%, but less than 80% of school day

– Combines old “part time” and “resource”Combines old “part time” and “resource”


ItinerantItinerant SuppleSupple--mentalmental

FullFull

TimeTime

LearningLearning

SupportSupport5050 2020 1212

LifeLife

SkillsSkills2020 2020 12 (K-6)12 (K-6)

15(7-12)15(7-12)

ESES 5050 2020 1212


ItinerantItinerant Supple-Supple-

mentalmentalFull TimeFull Time

Deaf/Deaf/

HearingHearing5050 1515 88

Blind/Blind/

Visual Visual Imp.Imp.

5050 1515 1212

S/LS/L 6565 88


ItinerantItinerant Supple-Supple-

MentalMentalFull TimeFull Time

PhysicalPhysical

SupportSupport50 50 (maybe (maybe typo – old typo – old # was 5!# was 5!

1515 1212

AutisticAutistic

SupportSupport1212 88 88

MultipleMultiple

DisabilitieDisabilitiess

1212 88 88


CaseloadsCaseloads– Aside from probable typo, no major Aside from probable typo, no major

changeschanges– Schools may still ask for variance in Schools may still ask for variance in

special ed planspecial ed plan But now must provide a copy of notice to But now must provide a copy of notice to

public indicating district’s intent to request public indicating district’s intent to request waiver of caseload requirementswaiver of caseload requirements

Must tell parents, teachers and other of Must tell parents, teachers and other of opportunity to comment on waiver requestopportunity to comment on waiver request


14.106 Access to instructional 14.106 Access to instructional materialsmaterials– New provisionNew provision– Addresses the timely provision of print Addresses the timely provision of print

materials to blind studentsmaterials to blind students BrailleBraille AudioAudio DigitalDigital Large printLarge print


Timely means:Timely means:– District takes steps to ensure blind child District takes steps to ensure blind child

has access to materials at the same has access to materials at the same time as students without disabilitiestime as students without disabilities Cannot meet standard by withholding Cannot meet standard by withholding

instructional materials to other students instructional materials to other students until accessible format is availableuntil accessible format is available

Can meet standard by providing portion of Can meet standard by providing portion of materials that covers the chapter currently materials that covers the chapter currently being taughtbeing taught


Timely:Timely:– If blind child enrolls in school during If blind child enrolls in school during

school yearschool year Take steps to ensure access to materials Take steps to ensure access to materials

within 10 school dayswithin 10 school days

Districts to coordinate with National Districts to coordinate with National Instructional Materials Access Center Instructional Materials Access Center (NIMAC)(NIMAC)


14.107 Complaint Procedure14.107 Complaint Procedure– Not new, but new provisionNot new, but new provision– Department will establish complaint Department will establish complaint

procedures and provide Districts with procedures and provide Districts with notice of proceduresnotice of procedures Unclear if procedures are going to changeUnclear if procedures are going to change When notice will be providedWhen notice will be provided


14.108 Access to Classrooms14.108 Access to Classrooms– Parents have reasonable access to Parents have reasonable access to

child’s classroomchild’s classroom– Within parameters of LEA policyWithin parameters of LEA policy

DEVELOP POLICY!!!DEVELOP POLICY!!!


14.121 Child Find14.121 Child Find– Public awareness activities informing Public awareness activities informing

public of servicespublic of services New: Written information must be published New: Written information must be published

in:in:– School district handbookSchool district handbook– School district websiteSchool district website

New: Must include information on potential New: Must include information on potential signs of developmental delays and other risk signs of developmental delays and other risk factors that could indicate disabilities.factors that could indicate disabilities.

– Must also continue to provide annual Must also continue to provide annual public noticepublic notice


14.122 Screening14.122 Screening– System of screeningSystem of screening

May include “early intervening services”May include “early intervening services”– Remember can use 15% of IDEA money for thisRemember can use 15% of IDEA money for this

Can still use IST TeamsCan still use IST Teams

– Screening process must includeScreening process must include Hearing/vision (not new)Hearing/vision (not new) Reasonable intervals to determine:Reasonable intervals to determine:

– Performance on grade appropriate standardsPerformance on grade appropriate standards– In core academic subjectsIn core academic subjects


Early Intervening ServicesEarly Intervening Services– May be included in processMay be included in process– MUST be included in process where MUST be included in process where

districts have disproportionality in districts have disproportionality in identificationidentification Verification that student receives appropriate Verification that student receives appropriate

instruction in readinginstruction in reading– Including essential components of readingIncluding essential components of reading

And mathAnd math If concern is academic, assessment of If concern is academic, assessment of

student’s performance on state-approved student’s performance on state-approved grade level standardsgrade level standards


Early Intervening ServicesEarly Intervening Services– If behavior concerns, systematic If behavior concerns, systematic

observation of behaviorobservation of behavior– Researched based intervention to Researched based intervention to

increase rate of learning or behaviorincrease rate of learning or behavior– Repeated assessments of achievement to Repeated assessments of achievement to

monitor progressmonitor progress– Determine if difficulties are result of lack Determine if difficulties are result of lack

of instruction or limited English of instruction or limited English proficiencyproficiency


Early Intervening ServicesEarly Intervening Services– Determine if student’s needs exceed Determine if student’s needs exceed

ability of regular ed programability of regular ed program– Document progress was periodically Document progress was periodically

provided to parentprovided to parent Screening does not bar the right of Screening does not bar the right of

parent to request an evaluationparent to request an evaluation


14.123 Evaluations and 14.124 Reevals14.123 Evaluations and 14.124 Reevals– Does change timeline to 60 calendar days for Does change timeline to 60 calendar days for

initial evaluation and reevaluationinitial evaluation and reevaluation After receiving written parental consentAfter receiving written parental consent BUT . . Summer does not count!BUT . . Summer does not count!

– If parent request eval in writing:If parent request eval in writing: School must make PTE form “readily available”School must make PTE form “readily available”

– If parent request eval orallyIf parent request eval orally PTE must be provided to parents within 10 calendar PTE must be provided to parents within 10 calendar

days of the oral requestdays of the oral request Make sure staff is aware of this change!!!Make sure staff is aware of this change!!!


Copies of eval or reeval report:Copies of eval or reeval report:– Given to parents at least 10 school days Given to parents at least 10 school days

prior to IEP meetingprior to IEP meeting– Unless waived by parentsUnless waived by parents


144.125 SLD Criteria144.125 SLD Criteria– All new sectionAll new section– Each school district and IU must develop Each school district and IU must develop

procedures for determining SLDprocedures for determining SLD Procedures to be included in sp. ed. plan Procedures to be included in sp. ed. plan


To determine SLD school/IU shallTo determine SLD school/IU shall– Address whether child does not achieve Address whether child does not achieve

adequately for age or meet state-adequately for age or meet state-approved grade level standards when:approved grade level standards when: Provided with learning experiences and Provided with learning experiences and

scientifically based instruction appropriate scientifically based instruction appropriate for age or grade levelfor age or grade level


What areas are to be assessed:What areas are to be assessed:– Oral expressionOral expression– Listening comprehensionListening comprehension– Written expressionWritten expression– Basic reading skillsBasic reading skills– Reading fluency skillsReading fluency skills– Reading comprehensionReading comprehension– Math calculationsMath calculations– Math problem solvingMath problem solving


School/IU can use 1 of the following School/IU can use 1 of the following procedures: (each school chooses)procedures: (each school chooses)– Response to scientific, research-based Response to scientific, research-based

intervention documenting that:intervention documenting that: Student received high quality instruction in Student received high quality instruction in

regular edregular ed Research-based interventions were providedResearch-based interventions were provided Progress regularly monitoredProgress regularly monitored


OR:OR:– A process examining whether child A process examining whether child

exhibits a pattern of strengths and exhibits a pattern of strengths and weaknesses relative to intellectual weaknesses relative to intellectual ability as defined by a severe ability as defined by a severe discrepancy between intellectual ability discrepancy between intellectual ability and achievement , or relative to age or and achievement , or relative to age or gradegrade


14.131 IEPs14.131 IEPs– Must include a description of the type or Must include a description of the type or

types of support student will receivetypes of support student will receive Cannot be based on category of disability Cannot be based on category of disability

alonealone Child may receive more than one type of Child may receive more than one type of

supportsupport– Outline in IEPOutline in IEP


PlacementPlacement– Special ed supports and services may be Special ed supports and services may be

delivered in regular ed classroom or delivered in regular ed classroom or other settingsother settings Team must first consider regular classroom Team must first consider regular classroom

with supplementary aids and services before with supplementary aids and services before considering services in another settingconsidering services in another setting


TransitionTransition– Back to age 14Back to age 14– Includes measurable postsecondary Includes measurable postsecondary

goalsgoals TrainingTraining EducationEducation EmploymentEmployment Independent living, when appropriateIndependent living, when appropriate


IEP AttendanceIEP Attendance– Proposed but deleted:Proposed but deleted:

IEP Members cannot be excusedIEP Members cannot be excused

– Follow IDEA requirementsFollow IDEA requirements Required members can only be excused with Required members can only be excused with

parental consent!parental consent!


14.132 ESY14.132 ESY– Not new procedures, but finally codified in Not new procedures, but finally codified in

regulationregulation– Requirements for children with severe Requirements for children with severe

disabilitiesdisabilities Autism/PDDAutism/PDD SEDSED Severe MRSevere MR Degenerative impairments with mental involvementsDegenerative impairments with mental involvements Severe multiple disabilitiesSevere multiple disabilities


Children with severe disabilities:Children with severe disabilities:– IEP must occur no later than Feb. 28 IEP must occur no later than Feb. 28

each yreach yr– NOREP must be issued not later than NOREP must be issued not later than

March 31March 31– If student transfers to your district after If student transfers to your district after

these dates and no determination has these dates and no determination has been madebeen made New school must make determination at IEP New school must make determination at IEP

mtgmtg


Other students:Other students:– Timelines not requiredTimelines not required– Decisions made in a “timely manner”Decisions made in a “timely manner”

Parents asking for due process on Parents asking for due process on ESYESY– ExpeditedExpedited


14.133 POSITIVE Behavior Support14.133 POSITIVE Behavior Support– Stresses the word “Positive” throughoutStresses the word “Positive” throughout– Must utilize POSITIVE behavior techniquesMust utilize POSITIVE behavior techniques

Positive reinforcementPositive reinforcement Positive verbal statementsPositive verbal statements Specific tangible rewardsSpecific tangible rewards Shape student’s behaviorShape student’s behavior

– Interventions must be least intrusive Interventions must be least intrusive necessarynecessary


Behavior Support ProgramsBehavior Support Programs– Must include research based practices Must include research based practices

and techniquesand techniques– Must be based on FBAs Must be based on FBAs – Developed by IEP TeamDeveloped by IEP Team– Becomes Part of IEPBecomes Part of IEP


– RestraintsRestraints Prohibits the “unreasonable” use of Prohibits the “unreasonable” use of

restraintsrestraints– Stops short of prohibiting entirelyStops short of prohibiting entirely

Measure of last resortMeasure of last resort Only use after other less restrictive Only use after other less restrictive

measures measures Prohibits prone restraintsProhibits prone restraints

– Student is held face down on floorStudent is held face down on floor


RestraintsRestraints– Definition: the application of physical Definition: the application of physical

force with or without the use of a force with or without the use of a device, for the purpose of restraining device, for the purpose of restraining the free movement of student’s bodythe free movement of student’s body

– Does not include:Does not include: Briefly holding , without force, a student in Briefly holding , without force, a student in

order to calm or comfortorder to calm or comfort Guiding child to appropriate activityGuiding child to appropriate activity Holding student’s hand to safely escort from Holding student’s hand to safely escort from

one area to anotherone area to another


Restraints do not include:Restraints do not include:– Hand over hand assistance with feeding Hand over hand assistance with feeding

or task completionor task completion– Techniques prescribed by qualified Techniques prescribed by qualified

medical professional for safety, medical professional for safety, therapeutic or medical treatmenttherapeutic or medical treatment Must be agreed to by parentsMust be agreed to by parents Specified in IEPSpecified in IEP


Restraints do not include:Restraints do not include:– PT or OT devicesPT or OT devices– Seatbelts in wheel chairsSeatbelts in wheel chairs– Belts on toilets used for balance and Belts on toilets used for balance and

safetysafety– Safety harnesses on busesSafety harnesses on buses– Functional positioning devicesFunctional positioning devices


Use of restraints:Use of restraints:– School must:School must:

Notify parents of use of restraintsNotify parents of use of restraints– Document!Document!

Call IEP meeting within 10 school days of useCall IEP meeting within 10 school days of use– In writingIn writing– Parents can waive meetingParents can waive meeting

Must be in writingMust be in writing– Team decides whether child needs FBA, Reeval, a Team decides whether child needs FBA, Reeval, a

new or revised BSP or change of placement to new or revised BSP or change of placement to address behavioraddress behavior


Restraints may only be included in IEP Restraints may only be included in IEP when:when:– Used with specific component elements of Used with specific component elements of

positive behavior supportpositive behavior support– Used in conjunction with teaching of socially Used in conjunction with teaching of socially

acceptable alternative skills to replace problem acceptable alternative skills to replace problem behaviorbehavior

– Staff authorized and trainedStaff authorized and trained Authorized by whom?Authorized by whom?

– Plan in place to eliminate use of restraint Plan in place to eliminate use of restraint through positive behavior supportthrough positive behavior support


Documentation of use of restraints:Documentation of use of restraints:– Schools must maintain and report data Schools must maintain and report data

on use of restraintson use of restraints– Report will be reviewed during cyclical Report will be reviewed during cyclical

compliance monitoringcompliance monitoring


Reports to Law EnforcementReports to Law Enforcement– Still permittedStill permitted– But . . . After referring child with But . . . After referring child with

disability who has a BSP to law disability who has a BSP to law enforcement, an updated FBA and BSP enforcement, an updated FBA and BSP is requiredis required

– Pass this on to Principals!!Pass this on to Principals!!


14.143 Disciplinary Placements14.143 Disciplinary Placements– Language regarding 15 cumulative Language regarding 15 cumulative

school days remainsschool days remains– Therefore, rule of discipline remains:Therefore, rule of discipline remains:

Suspension permitted for 10 consecutive Suspension permitted for 10 consecutive days; anddays; and

15 cumulative days per school year15 cumulative days per school year


14.145 LRE Requirements14.145 LRE Requirements– Not new rules, but now codified in regsNot new rules, but now codified in regs– Students with disabilities educated in LRE:Students with disabilities educated in LRE:

To maximum extent appropriate and as provided To maximum extent appropriate and as provided in IEP, child is educated with nondisabled peersin IEP, child is educated with nondisabled peers

Special classes, separate schools or other Special classes, separate schools or other removals from regular ed occurs only when the removals from regular ed occurs only when the nature or severity of disability is such that nature or severity of disability is such that education in reg ed class with appropriate education in reg ed class with appropriate supplementary aids and services cannot be supplementary aids and services cannot be achieved satisfactorilyachieved satisfactorily


LRE: Child cannot be required LRE: Child cannot be required separate education separate education – Because s/he cannot achieve at the Because s/he cannot achieve at the

same level as nondisabled classmates; same level as nondisabled classmates; oror

– If the child can, with If the child can, with the full range of the full range of supplementary aids and services, make supplementary aids and services, make meaningful progress on IEP goalsmeaningful progress on IEP goals


May not be removed from regular ed May not be removed from regular ed solely because of:solely because of:– the nature or severity of the disabilitythe nature or severity of the disability– additional costsadditional costs– administrative convenienceadministrative convenience

Still must provide access to full Still must provide access to full continuum of placement optionscontinuum of placement options


Procedural Safeguards:Procedural Safeguards:– Prehearing Conference language Prehearing Conference language

removedremoved– Adopts IDEA’s requirement for Adopts IDEA’s requirement for

Resolution Sessions 14.163Resolution Sessions 14.163 Specifies that parent advocates can attendSpecifies that parent advocates can attend

– Mediation still availableMediation still available


14.162 Due Process Hearings14.162 Due Process Hearings– Specifies that schools may not request Specifies that schools may not request

due process if parents fail to respond or due process if parents fail to respond or refuses to consent to refuses to consent to the initial provisionthe initial provision of special education servicesof special education services

Appeals Panel will be eliminatedAppeals Panel will be eliminated– Appeals from hearing officer decisions Appeals from hearing officer decisions

go directly to Courtgo directly to Court– Appeal within 30 daysAppeal within 30 days


Due Process TimelinesDue Process Timelines– Hearing held:Hearing held:

After conclusion of resolution sessionAfter conclusion of resolution session After one of the parties withdraws from After one of the parties withdraws from

mediationmediation Parties waive or agree to end resolution sessionParties waive or agree to end resolution session

– Hearing Officer decision must be issued Hearing Officer decision must be issued within 45 days after the resolution or within 45 days after the resolution or mediation session endsmediation session ends Hearing officer may grant extensionsHearing officer may grant extensions


Expedited Hearing Timelines:Expedited Hearing Timelines:– Decision mailed within 30 school days of Decision mailed within 30 school days of

public agency’s receipt of request for public agency’s receipt of request for hearinghearing No exceptions or extensionsNo exceptions or extensions

Revised Chapter 14 Special Education Regulations Trish Andrews Christina Lane Andrews & Price 412-243-9700.

Documents

Revised Chapter 14 Special Education Regulations Trish Andrews Christina Lane Andrews & Price 412-243-9700.