Special Education Placement Options (2023)

October 22 Code § 14.101 et seq.
22 Pa. §§ 711 Abs. 1 ss. códex

issue date: 1. September 1997
Day of exam: October 2017, October 2009, July 1, 2001 (formerly BEC 22 Pa. Code § 14.2(d))

objective

The purpose of this Basic Education Circular (BEC) is to review a variety of special education services and placement options that are available to Local Education Agencies (LEAs) through agreements with other public agencies or private organizations. This BEC will describe the responsibilities of LEAs when deciding to contract with other public or private agencies for the provision of special education and related services. This BEC does not apply to children placed in a residential facility by a state mental health/intellectual disability (MH/ID) program agency, a children and youth agency, or through a local court for non-educational reasons.

background

The Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Section 1400 et seq.) requires each LEA, including charter schools, to provide a free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) and provide a continuum of delivery alternatives for children with disabilities. As part of the Individualized Education Program (IEP) meeting, the IEP team must consider where specific education programs and services are offered. Like the FAPE, the LRE is a determination that must be made on an individual basis. To provide special education programs and services in the LRE, LEAs must ensure that (1) placement is determined by the child's IEP team; (2) that a continuum of location alternatives be discussed; and (3) that a child with a disability will ONLY be taught in a different setting from their non-disabled peers if the nature or severity of the child's disability is such that instruction in regular classes with the use of aids and supplementary services cannot be achieved satisfactorily. In addition to regular and special education classrooms, the continuum of placement alternatives that the IEP team may consider include public or private or other care settings.

The Pennsylvania Special Education Regulations, contained in Chapter 14 and Chapter 711 of Title 22 of the Pennsylvania School Code, describe a variety of special education services and placement options that LEAs may pursue as determined by IEP staff. . The special education programs and services listed in Chapters 14 and 711 may be provided directly by LEAs or through an agreement with another public or private organization. After 22 Pa. Code §14.102 and §711.2, LEAs may enter into agreements for the provision of services to children with disabilities. Recourse to other public agencies or private organizations must be included in the school district's special education plan described in 22 Pa. Code §14.104(b) or in a charter school's annual report described in 22 Pa. Code § 711.6(a )(3). When LEAs choose to use public agencies or private organizations to provide special education programs or services, there are several limiting factors that must be analyzed and addressed prior to such an agreement.

Contracts with private schools, agencies and private organizations

If LEAs choose to contract with another agency, organization, or public or private school to provide all or a portion of the special education program on their behalf, they remain responsible for delivery under Title 22 Pennsylvania School Code §§14.102 and 711.2. in FAPE Consistent with IDEA and Pennsylvania special education regulations contained in Chapter 14 and Chapter 711. Special education programs or services provided under an agreement with a public or private agency or organization must be implemented in accordance with the IEP of the child and in accordance with IDEA and Chapter 14 or Chapter 711 requirements. LEAs remain responsible for ensuring that the implementation of any special educational program or service provided by the public or private agency, organization, or school complies with the IDEA and Chapter 14 or Chapter 711 requirements.

Private Academic Schools

The State Board of Private Academic Schools licenses schools that meet the requirements of its regulations. These regulations are found in Title 22 of the Pennsylvania School Code, Sections 51.1, 53.1, 55.1, 57.1, 59.1, 61.1, and 63.1 et seq.

Children with disabilities publicly placed by the LEA in private academic schools are eligible for FAPE as set forth in the applicable IDEA and Pennsylvania special education regulations in Chapter 14 and Chapter 711 of Title 22 of the Pennsylvania School Code. It is the responsibility of LEAs that choose to place a child with a disability in a private academic school as a means of providing FAPE to determine prior to placement whether those specific educational programs or services meet the requirements of IDEA and are compliant with Chapter 14 or Chapter 711 LEAs have a responsibility to ensure that a child receives FAPE in the same manner that he or she would receive it if accepted into a public school. FAPE encompasses not only the special education and related services that a child with a disability receives, but also an appropriate preschool, elementary, and secondary education. Because licensing private academic schools does not guarantee that the school's program, service, or personnel will meet the requirements of IDEA, Chapter 14, or Chapter 711, LEAs cannot rely solely on the license. The minimum personal qualifications required for licensure in private academic schools are different from, and not equivalent to, those required in public schools. Therefore, LEAs that choose to place children with disabilities in private academic schools for the implementation of IEPs are responsible prior to placement for determining whether the private academic school provides special education and related services in accordance with the IEP, including payments. of child support at no cost to parents, and to determine whether special education programs and services meet government standards applicable to private academic schools.

During routine special education cyclical monitoring, LEAs are monitored for the provision of FAPE to children placed in other settings, including other educational institutions operated by public or private organizations and agencies. LEAs are responsible for corrective action as needed, much like a public school placement.

Other private and public agencies and organizations

Individuals in a non-traditional setting providing specialized education programs and services as required by the child's IEP must have active professional teaching certification from the Pennsylvania Department of Education (PDE), including personal credentials and qualifications that would be required if they offer the service. as an employee of a public school. Since the personnel requirements for private agencies or other public agencies and organizations including private academic schools do not necessarily guarantee this, it is important to recognize that this requirement is the responsibility of LEAs in relation to the individual qualifications of personnel to provide FAPE. for each child to ensure special training is received in other settings prior to placement.

Number of teacher cases and teacher supervision

Adequate education and supervision must be provided to each child to support FAPE. Title 22 Chapter 14 caseload requirements apply to educational placements for which LEAs make arrangements with a public or private agency, organization, or school that is not an Approved Private School (APS). Workload requirements for APS are specified in Chapter 171.11 et seq. Rules for recognized private schools. Caseload requirements do not apply to charter school children placed with other public or private agencies or organizations.

Relation to special educational standards for the accommodation of individual children

The above discussion relates to the question of what placement options are available to LEAs in making an individual special education placement decision. This discussion does not replace or alter the applicability of the Rules to individual placement decisions. For example, there is an obligation to enroll a child in the LRE where the child's IEP can be implemented; and there is a corresponding prohibition on placing children solely for reasons of administrative convenience. These rules apply regardless of the type of placement being considered. In addition, children placed in a non-traditional placement by the IEP team are entitled to the same procedural requirements that would apply if they attended a public school, including, but not limited to, timelines for IEP reevaluation and - Review, IEP mandatory team membership and restrictions on disciplinary removal from school.

Title 22 of the Pennsylvania School Code provides for intermediate or "nontraditional" placement operated by units only when "such additional classes or schools... classes or schools maintained and operated by school districts..." 24 P.S. §13-1372. LEAs are responsible for ensuring the provision of FAPE in the LRE. Therefore, the use of non-traditional sites, particularly when they are separate and not based on an individual placement decision, will result in rejection of the school district's special education plan or PDE rejection of a charter school's annual report. . 🇧🇷 Rejection of a charter school's annual report by PDE may result in the regulator not renewing the license.

dependence

The administrative procedures referred to in IDEA and in Chapters 14 and 711, in cases of suspension, require that the pendency be maintained until the conclusion of the arbitration or arbitration hearing. The child subject to mediation or due process remains at the current educational institution until the mediation or due process is completed. If an LEA has placed a child in another facility, such as B. a public or private agency or organization for the provision of FAPE, and that child becomes involved in mediation or a due process hearing, the child must do so at the time mediation or due process hearing is completed, unless the parent and the LEA agree otherwise. The public or private agency or agency must continue the previous educational placement for the child affected by an administrative proceeding.

references

purdon statues

24 PS § 13-1372
24 PS §§ 17-1715y ss.

state school regulations

22 Pa. Code Sections 14.101 ff.
22 Pa. Code Sections 711.1 ff.
22 pa. Code §§ 51.1, 53.1, 55.1, 57.1, 59.1, 61.1 and 63.1 et seq.
22 Pa. Code Sections 171.11 ff.

Federal Code

20 USC Section 1400y ss.
34 CFR §§ 300. 114-115

office/office contact

Special Education Secretariat
Pennsylvania Department of Education
Marktstr. 333
Harrisburg, PA 17126-0333
Phone: 717.783.2311