PROPOSED RULEMAKING
STATE BOARD OF EDUCATION
[22 Pa. CODE CH. 14]
Special Education Services and Programs
[27 Pa.B. 2428] The State Board of Education (Board) proposes to amend Chapter 14 (relating to special education services and programs), which relates to special education services and programs, to read as set forth in Annex A, under the authority of sections 1372, 2603-B and 2604-B of the Public School Code of 1949 (24 P. S. §§ 13-1372, 26-2603-B and 26-2604-B).
Chapter 14 governs the Commonwealth's operation of special education services and programs for eligible students. Proposed amendments to §§ 14.1 and 14.34 (relating to definitions; and extended school year services) define extended school year (ESY) services for eligible students and clarify requirements for the identification of students in need of ESY and the program itself.
Extended school year services address the needs of eligible students who lose behavioral patterns or skills (regression) during an interruption in educational programming and who do not recover those behavior patterns or skills (recoupment), making it unlikely that the student will attain or maintain the goals reflected in the Individualized Education Program (IEP) or make reasonable progress from year to year.
Purpose
The purpose of amending §§ 14.1 and 14.34 is to ensure that Commonwealth regulations are consistant with the Individuals with Disabilities Education Act, the regulatory provisions under 34 CFR Part 300 and Armstrong v. Kline, 476 F. Supp. 583 (E. D. Pa. 1979).
The proposed amendment to § 14.1 establishes a definition of ''extended school year services.''
As currently written, § 14.34 requires IEP Teams to consider only eligible students with severe disabilities for ESY services. In part, the proposed changes to § 14.34 are intended to bring the regulations up to date with practices in the field. Basic Education Circular 3-94 alerted school districts that the Department of Education (Department) views the regulatory language as too restrictive and advised districts to consider any student for ESY services if regression and limited recoupment capacity warrant this consideration. Accordingly, the word ''severe'' is proposed to be deleted from § 14.34. Additional proposed language in § 14.34 sets forth responsibility with regard to the identification of ESY eligible students and overall scope of the program.
The proposed amendments complement amendments being proposed by the Department of Education under § 342.34 (relating to extended school year services).
Failure to promulgate these amendments could mean denial of a free appropriate public education to eligible students, loss of student progress, provision of services by LEAs when not required, unnecessary due process hearings and significant loss of funding for noncompliance with Federal regulations.
Affected Parties
The proposed amendments will benefit Commonwealth students who are eligible for special education services and programs and who need ESY services to enable them to receive a free appropriate public education. The proposed amendments also affect the parents and guardians of these students, as well as all school districts and intermediate units by providing clear policy for ESY services.
Cost and Paperwork Estimates
Costs imposed on State government will be for providing training and technical assistance to school districts and intermediate units in interpreting and implementing the new regulations and accompanying standards proposed under Chapter 342 (relating to standards for special education services and programs). The efforts are ongoing for various sections of the regulations, so the proposed changes in regulations will not materially affect the State's costs.
The number of students entitled to ESY services should not increase significantly as a result of these proposed amendments, since each district must consider all eligible students for ESY services if regression and limited recoupment capacity warrant this consideration. Costs may increase slightly because of the demand expectations created by bringing attention to the issue. ESY services are already being provided to approximately 3,000 students in this Commonwealth. The Board is not aware of students in this Commonwealth who are entitled to ESY services but are not receiving them. As a result of the Department of Education's analysis of fiscal impact, the maximum increase in the number of students served would be less than 10%. Given an average cost of services of $1,968, a 10% increase would result in a total added cost across this Commonwealth of approximately $590,000. These costs are expected to be offset by Federal IDEA Part B funds within the budgets of intermediate units. The fiscal impact on school districts should be minimal.
Proposed amendments to §§ 14.1 and 14.34 will not substantially alter paperwork, accounting or reporting requirements already in place.
Effective Date
These proposed amendments will become effective upon final publication in the Pennsylvania Bulletin.
Sunset Date
The effectiveness of Chapter 14 (including §§ 14.1 and 14.34) will be reviewed by the Board every 4 years, in accordance with the Board's policy and practice respecting all regulations and standards promulgated by the Department and Board. Thus, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 7, 1997, the Board submitted a copy of these proposed amendments to Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Education. In addition to submitting the proposed amendments, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
If the Committees have objections to any portion of the proposed amendments, they will notify the Board within 20 days of the close of the public comment period. If IRRC has objections to any portion of the proposed amendments, it will notify the Board within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the standards, by the Board, the General Assembly and the Governor of objections raised.
Public Comments and Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding this proposal to Peter H. Garland, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333 within 30 days following publication in the Pennsylvania Bulletin. Persons needing additional information regarding this proposal may contact William Penn, Director, Bureau of Special Education, 333 Market Street, Harrisburg, PA 17126-0333 (717) 783-6913.
Persons with disabilities needing an alternative means of providing public comment may make arrangements by calling Dr. Garland at (717) 787-3787 or TDD (717) 787-7367.
Alternative formats of the proposed amendments (such as, braille, large print, cassette tape) can be made available to members of the public upon request to Dr. Garland at the telephone and TDD numbers listed above.
PETER H. GARLAND,
Executive DirectorFiscal Note: 6-260. (1) General Fund; (2) Year 1997-98 is $ 590,000; (3) 1st Succeeding Year 1998-99 is $ 720,000; 2nd Succeeding Year 1999-00 is $ 720,000; 3rd Succeeding Year 2000-01 is $ 720,000; 4th Succeeding Year 2001-02 is $ 720,000; 5th Succeeding Year 2002-03 is $720,000; (4) Fiscal Year 1996-97 $6.08 million; Fiscal Year 1995-96 $6.07 million; Fiscal Year 1994-95 $5.19 million; (7) Special Education; (8) recommends adoption. The costs are expected to be offset by Federal IDEA Part B funds within the budget of the intermediate units.
Annex A
TITLE 22. EDUCATION
PART I. STATE BOARD OF EDUCATION
CHAPTER 14. SPECIAL EDUCATION SERVICES AND PROGRAMS § 14.1. Definitions.
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Extended school year services--Special education or related services provided outside of a standard schedule of school days within a school term, for the purpose of ensuring the provision of a free appropriate public education to an eligible student.
* * * * * § 14.34. Extended school year services.
(a) An eligible student [with severe disabilities] is entitled to [an appropriate educational program in excess of 180 days per year] extended school year (ESY) services if regression caused by interruption in educational programming and limited recoupment capacity [renders], or other factors, makes it unlikely that the student will attain [a level of self-sufficiency and independence from caretakers that would be expected in view of the student's disability] or maintain skills and behavior relevant to established IEP goals and objectives. School districts are responsible for considering the need for ESY services for each eligible student, including each student placed by the district in an approved private school or other placement site not operated by the school district.
(b) [To provide an appropriate program, the IEP team shall consider annually the needs of eligible students with severe disabilities for extended school year programming. In making this determination] Consideration of the need for ESY services shall occur at the IEP team meeting to be convened at least annually, or more frequently if conditions warrant consistent with § 14.32(h)(3) (relating to IEP). Consideration means that ESY services are raised and discussed at the IEP team meeting. When consideration requires the IEP team to make a formal determination of need for ESY services, the IEP team shall rely on criteria in Chapter 342 (relating to special education services and programs) and applicable judicial decisions.
(c) Need for ESY services is not based on any of the following:
(1) The desire or need for day care or respite care service.
(2) The desire or need for a summer recreation program.
(3) The desire or need for other programs or services which, while they may provide educational benefit, are not required to ensure the provision of a free appropriate public education.
(d) This section does not require more than required by Federal law and regulations.
[Pa.B. Doc. No. 97-766. Filed for public inspection May 16, 1997, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
