2400 Bristol
Pike
2008-2009
School Year
Annual Public Notice of Special Education Services
and Programs and Rights for
Students
with Disabilities
And
Notification of Rights under the Family Educational Rights and
Privacy Act
All children with
disabilities residing in the Commonwealth, regardless of the severity of their
disabilities, and who are in need of special education and related services,
are to be located, identified and evaluated.
This responsibility is required by a federal law called the Individuals
with Disabilities Education Improvement Act of 2004, 20 U.S.C. 1200 et.
seq. (“IDEA 2004”).
Chapter 711 of
Title 22 of the Pennsylvania Code requires the publication of a notice to
parents regarding public awareness activities sufficient to inform parents of
children applying to or enrolled in the charter school of available special
education services and programs and how to request those services and programs
and of systematic screening activities that lead to the identification,
location and evaluation of children with disabilities enrolled in the charter
school.
In addition, the federal Family Educational Rights
and Privacy Act of 1974 (FERPA), which protects confidentiality, requires
educational agencies to notify parents annually of their confidentiality
rights.
The
(215) 245-6055, 2400 Bristol Pike, Bensalem, PA
19020 at any time to request a
copy of the procedural safeguards notice or with any other questions about
special education, services, screenings, policies or procedures. The Procedural Safeguards Notice is made
available to parents by the school: (1) upon initial referral or parent request
for evaluation; (2) upon filing by parents of their first State complaint under
34 CFR §§300.151 through 300.153 and upon filing by parents of their first due
process complaint under §300.507 in a school year; (3) when a decision is made
to take a disciplinary action that constitutes a change of placement; and (4)
upon parent request.
The purpose of this annual notice
is to comply with the school’s obligations under Chapter 711 of Title 22 of the
Pennsylvania Code and to describe: (1)
the types of disabilities that might qualify the child for special education,
(2) the special education programs and related services that are available, (3)
the process by which the Charter School screens and evaluates such students to
determine eligibility, (4) the special rights that pertain to such children and
their parents or legal guardians and (5) the confidentiality rights that
pertain to student information.
A copy of this Annual
Notice is also available on the school’s website at: www.schoollane.org
Qualifying for special
education and related services
Under the federal
Individuals with Disabilities Education Improvement Act of 2004, or “IDEA 2004,”
children qualify for special education and related services if they have one or
more of the following disabilities and, as a result, need special education and
related services: mental retardation; hearing impairment, including
deafness; speech or language impairment;
visual impairment, including
blindness; serious emotional
disturbance; orthopedic
impairment; autism; traumatic brain injury; other health impairment; specific learning disability; deaf-blindness;
or multiple disabilities.
IDEA 2004 provides legal
definitions of the above-listed disabilities, which may differ from those terms
used in medical or clinical practice or daily language.
Services
for Protected Handicapped Students
Under Section 504 of the
federal Rehabilitation Act of 1973, some school age children with disabilities
who do not meet the eligibility criteria outlined above might nevertheless be
eligible for special protections and for adaptations and accommodations in instruction,
facilities, and activities. Children are
entitled to such protections, adaptations, and accommodations if they have a mental or physical disability that substantially limits or prohibits
participation in or access to an aspect of the school program and otherwise
qualify under the applicable laws.
The
These services and
protections for “protected handicapped students” may be distinct from those
applicable to eligible or thought-to-be eligible students. The
(215)
245-6055, 2400 Bristol Pike,
Children Below Mandatory School Age
Most
Charter Schools do not enroll students under school age. If a
Programs and Services for
Children with Disabilities
Charter Schools ensure that
children with disabilities are educated to the maximum extent possible in the
regular education environment or “least restrictive environment”. To the maximum extent appropriate, students
with disabilities, are educated with students who are not disabled. Special classes, separate schooling or other
removal of students with disabilities from the general educational environment
occurs only when the nature or severity of the disability is such that
education in general education classes, even with the use of supplementary aids
and services, cannot be achieved satisfactorily. Programs and services available to students
with disabilities, might include: (1) regular class placement with
supplementary aides and services provided as needed in that environment; (2)
regular class placement for most of the school day with itinerant service by a
special education teacher either in or out of the regular classroom; (3)
regular class placement for most of the school day with instruction provided by
a special education teacher in a resource classroom; (4) part time special
education class placement in a regular public school or alternative setting;
and (5) special education class placement or special education services
provided outside the regular class for most or all of the school day, either in
a regular public school or alternative setting.
Depending on the nature and
severity of the disability, a Charter School can provide special education
programs and services in locations such as: (1) the charter school the child would attend
if not disabled, (2) an alternative regular public school either in or outside
the school, (3) a special education center operated by a public school entity
or IU, (4) an approved private school or other private facility licensed to
serve children with disabilities, (5) a residential school, (6) approved
out-of-state program, or (7) the home.
Special education services
are provided according to the educational needs of the child, not the category
of disability. Types of service that may be available, depending upon the
child’s disability and needs include, but are not limited to: (1) learning support; (2) life skills
support; (3) emotional support; (4) deaf or hearing impaired support; (5) blind
or visually impaired support; (6) physical support; (7) autistic support; and
(8) multiple disabilities support.
Related
services are designed to enable the child to participate in or access his or
her program of special education. Examples of related services that a child may
require include but are not limited to: speech
and language therapy, transportation, occupational therapy, physical therapy, school
nursing services, audiologist services, counseling, or training.
Some
students may also be eligible for extended school year services if determined
needed by their IEP teams in accordance with Chapter 711 regulations.
The
IEPs generally contain: (1) a statement of present levels of academic
achievement and functional performance; (2) a statement of measurable annual
goals established for the child; (3) a statement of how the child’s progress
toward meeting the annual goals will be measured and when periodic reports will
be provided; (4) a statement of the special education and related services and
supplementary aids and services and a statement of the program modifications or
supports for school personnel that will be provided, if any; (5) an explanation
of the extent, if any, to which the child will not participate with nondisabled
children in the regular class and in activities; (6) a statement of any
individual appropriate accommodations that are necessary to measure the
academic achievement and functional performance of the child on State and
school assessments; and (7) the projected date for the beginning of the
services and modifications and the anticipated frequency, location and duration
of those services or modifications.
Beginning not later than
the first IEP to be in effect when the child turns 14, or younger if determined
appropriate by the IEP Team, and updated annually, thereafter, the IEP must
include appropriate measurable postsecondary goals and transition services
needed to assist in reaching those goals.
The
Beginning not later than
one year before the child reaches the age of majority under State law, the IEP
must include a statement that the child has been informed of the child’s
rights, if any, that will transfer to the child on reaching the age of
majority.
Screening and Evaluation
Procedures for Children to Determine Eligibility
Screening
The
(1) Identification and provision of initial screening
for students prior to referral for a special education evaluation.
(2) Provision of peer support for teachers and other
staff members to assist them in working effectively with students in the
general education curriculum.
(3) Identification of
students who may need special education services and programs.
The
screening process includes:
Hearing
and vision screening in accordance with Section 1402 of the Public School Code
of 1949 (24 P. S. § 14-1402) for the purpose of identifying students
with hearing or vision difficulty so that they can be referred for assistance
or recommended for evaluation for special education.
Screening
at reasonable intervals to determine whether all students are performing based
on grade-appropriate standards in core academic subjects.
The
In
accordance with Chapter 711, in the event that the charter school would meet
the criteria in 34 CFR 300.646(b)(2) (relating to disproportionality), as
established by the State Department of Education, the services that would be
required include:
(1) A
verification that the student was provided with appropriate instruction in
reading, including the essential components of reading instruction (as defined
in section 1208(3) of the Elementary and Secondary Education Act
(ESEA) (20 U.S.C.A. § 6368(3)), and appropriate instruction in
math.
(2) For
students with academic concerns, an assessment of the student's performance in
relation to State-approved grade level standards.
(3) For
students with behavioral concerns, a systematic observation of the student's
behavior in the school environment where the student is displaying difficulty.
(4) A
research-based intervention to increase the student's rate of learning or
behavior change based on the results of the assessments under paragraph (2) or
(3), or both.
(5) Repeated
assessments of achievement or behavior, or both, conducted at reasonable
intervals, reflecting formal monitoring of student progress during the
interventions.
(6) A
determination as to whether the student's assessed difficulties are the result
of a lack of instruction or limited English proficiency.
(7) A
determination as to whether the student's needs exceed the functional ability
of the regular education program to maintain the student at an appropriate
instructional level.
(8) Documentation that information about the student's
progress as identified in paragraph (5) was periodically provided to the
student's parents.
Except
as indicated above or otherwise announced publicly, screening activities take
place in an on-going fashion throughout the school year. Screening is conducted at the
The
screening of a student by a teacher or specialist to determine appropriate
instructional strategies for curriculum implementation is not to be considered
an evaluation for eligibility for special education and related services.
If
parents need additional information regarding the purpose, time, and location
of screening activities, they should call or write the CAO/Principal Charter
School at:
2400 Bristol Pike
(215) 245-6055
Screening
or prereferral intervention activities may not serve as a bar to the right of a
parent to request an evaluation, at any time, including prior to or during the
conduct of screening or prereferral intervention activities.
Evaluation
An evaluation under IDEA 2004 involves the use of a
variety of assessment tools and strategies to gather relevant functional,
developmental, and academic information about the child, including information
provided by the parent that may assist in determining whether the child is a
child with a disability and the content of the child’s IEP. The
Parental consent must be obtained by the
The law contains
additional provisions and due process protections regarding situations in which
parental consent for an initial evaluation is absent or refused discussed more
fully below and in the PaTTAN Procedural Safeguards Notice. If you have any questions about where to
obtain a copy of the PaTTAN Procedural Safeguards Notice, kindly contact CAO/Principal,
The evaluation process is conducted by a
Multi-Disciplinary Team (MDT) which includes a teacher, other qualified
professionals who work with the child, the parents and other members as
required by law. The MDE process must be
conducted in accordance with specific timelines and must include
protection-in-evaluation procedures. For
example, tests and procedures used as part of the Multi-Disciplinary Evaluation
may not be racially or culturally biased.
The MDE process results in a written report called
an Evaluation Report (ER). This report
makes recommendations about a student’s eligibility for special education based
on the presence of a disability and the need for specially designed
instruction.
Parents who think their
child is eligible for special education may request, at any time, that the
(215) 245-6055, 2400 Bristol Pike,
If a parent makes an oral request for a
Multi-Disciplinary Evaluation, the
Reevaluations are conducted if the
Educational Placement
The determination of whether a student is eligible
for special education is made by an Individualized Education Program (IEP) team. The IEP team includes: the parents of a child with a disability; not
less than one regular education teacher, if the child is, or may be,
participating in the regular education environment; not less than one special
education teacher, or when appropriate, not less than one special education
provider; a representative of the school who is qualified to provide or
supervise the provision of specially designed instruction to meet the unique
needs of children with disabilities, is knowledgeable about the general
education curriculum, and is knowledgeable about the availability of resources
of the School; an individual who can interpret the instructional implications
of evaluation results, who may be a member of the team described above; other
individuals, at the discretion of the parent or the agency, who have knowledge
or special expertise regarding the child, including related services personnel
as appropriate; and whenever appropriate, a child with a disability. IEP team participation is directly addressed
by the regulations. If the student is
determined to be eligible for special education, the IEP team develops a
written education plan called an IEP.
The IEP shall be based in part on the results of the Multi-Disciplinary
Evaluation. The IEP team may decide that
a student is not eligible for special education. In that instance, recommendations for
educational programming in regular education may be developed from the ER.
Placement must be made in the “least restrictive
environment” in which the student’s needs can be met with special education and
related services. All students with disabilities must be educated to the
maximum extent appropriate with children who are not disabled.
Parents
and Surrogate Parents
For purposes of this
Notice, the charter school considers parents to be biological or adoptive
parents of a child; a foster parent; a guardian generally authorized to act as
the child’s parent, or authorized to make educational decision for the child;
an individual acting in the place of a biological or adoptive parent (including
a grandparent, stepparent, or other relative) with whom the child lives, or an
individual who is legally responsible for the child’s welfare; or a surrogate
parent.
A surrogate parent must
be appointed when no parent can be identified; a public agency, after
reasonable efforts, cannot locate a parent; the child is a ward of the State
under the laws of Pennsylvania, or the child in an unaccompanied homeless youth
as defined by the McKinney-Vento Homeless Assistance Act, 42 U.S.C. Sec.
11434a(6). A person selected as a
surrogate parent must not be an employee of the SEA, the charter school or any
other agency that is involved in the education or care of the child; has no
personal or professional interest that conflicts with the interest of the child
the surrogate parent represents; and has knowledge and skills that ensure
adequate representation of the child. The surrogate parent may represent the
child in all matters relating to the identification, evaluation, and educational
placement of the child and the provision of FAPE to the child. Reasonable
efforts must be made to ensure the assignment of surrogate parent not more than
30 days after it is determined that the child needs a surrogate parent.
Prior
Written Notice
The charter school will
notify the parent whenever the charter school:
a.
Proposes to initiate or
to change the identification, evaluation, or educational placement of your
child, or the provision of a free appropriate public education (FAPE) to your
child; or
b.
Refuses to initiate or to
change the identification, evaluation, or educational placement of your child,
or the provision of FAPE to your child.
c.
Change of placement for
disciplinary reasons.
d.
Due process hearing, or
an expedited due process hearing, initiated by the charter school.
e.
Refusal of the charter
school to agree to an independent educational evaluation (IEE) at public
expense.
In
The prior written notice must:
Describe the action that the
charter school proposes or refuses to take;
1.
Explain why the charter
school is proposing or refusing to take the action;
2.
Describe each evaluation
procedure, assessment, record, or report the charter school used in deciding to
propose or refuse the action;
3.
Include a statement that
you have protections under the procedural safeguards provisions in Part B of
IDEA;
4.
Tell how you can obtain a
description of the procedural safeguards if the action that the charter school is
proposing or refusing is not an initial referral for evaluation;
5.
Include resources for you
to contact for help in understanding Part B of the IDEA;
6.
Describe any other
choices that your child’s IEP Team considered and the reasons why those choices
were rejected; and
7.
Provide a description of
other reasons why the charter school proposed or refused the action.
The
notice must be:
1)
Written in language understandable to the general
public; and
2)
Provided in your native language or other mode of
communication you use, unless it is clearly not feasible to do so.
3)
If your native language or other mode of
communication is not a written language, the charter school will ensure that:
a)
The notice is translated for you orally or by other
means in your native language or other mode of communication;
b)
You understand the content of the notice; and
c)
There is written evidence that 1 and 2 have been
met.
Native
language, when used with an individual who has limited
English proficiency, means the following:
a.
The language normally used by that person, or, in
the case of a child, the language normally used by the child’s parents;
b.
In all direct contact with a child (including
evaluation of a child), the language normally used by the child in the home or learning
environment.
For
a person with deafness or blindness, or for a person with no written language,
the mode of communication is what the person normally uses (such as sign
language, Braille, or oral communication).
Parental
Consent
Consent
means:
a.
You have been fully informed in your native language
or other mode of communication (such as sign language, Braille, or oral
communication) of all information about the action for which consent is sought;
b.
You understand an agree in writing to that action,
and the consent describes that action and lists the records (if any) that will
be released and to whom; and
c.
You understand that the consent does not negate
(undo) an action that has occurred after you gave your consent and before you
withdrew it.
Need
for Parental Consent
1. Initial Evaluations (34 CFR
§300.300)
a.
General Rule: Consent for initial evaluation
The
charter school cannot conduct an initial evaluation of your child to determine
whether your child is eligible under Part B of the IDEA to receive special
education and related services without first providing you with prior written
notice of the
proposed
action and without obtaining your consent. The
charter school must make reasonable efforts to obtain your informed consent for
an initial evaluation to decide whether your child is a child with a
disability. Your consent for initial evaluation does not mean that you have
also given your consent for the charter school to start providing special
education and related services to your child. If your child is enrolled in
public school or you are seeking to enroll your child in a public school and
you have refused to provide consent or failed to respond to a request to
provide consent for an initial evaluation, the charter school may, but is not
required to, seek to conduct an initial evaluation of your child by utilizing
the Act’s mediation or due process complaint, resolution meeting, and impartial
due process hearing procedures. The charter school will not violate its
obligations to locate, identify and evaluate your child if it does not pursue
an evaluation of your child in these circumstances.
b.
Special rules for initial evaluation of wards of
the State
Under
Ward of the State,
as used in the IDEA, encompasses two other categories, so as to
include
a child who is:
1.
A foster child who does not have a foster parent;
2.
Considered a ward of the State under State law; or
3.
In the custody of a public child welfare agency.
2. Consent for Initial Placement in
Special Education (34 CFR §300.300)
Parental consent for services
The
charter school must obtain your informed consent before providing special
education and related services to your child for the first time. The charter
school must make reasonable efforts to obtain your informed consent before
providing special education and related services to your child for the first
time.
If
you do not respond to a request to provide your consent for your child to
receive special education and related services for the first time, or if you
refuse to give such consent, the charter school may not use the procedural
safeguards (i.e. mediation, due process complaint, resolution meeting, or an
impartial due process hearing) in order to obtain agreement or a ruling that
the special education and related services as recommended by your child’s IEP
Team may be provided to your child without your consent.
If
you refuse to give your consent for your child to start receiving special
education and related services, or if you do not respond to a request to
provide such consent and the charter
school
does not provide your child with the special education and related services for
which it sought your consent, the charter school:
1.
Is not in violation of the requirement to make FAPE
available to your child for its failure to provide those services to your
child; and
2.
Is not required to have an IEP meeting or develop
an IEP for your child for the special education and related services for which
your consent was request.
3. Consent for Reevaluations (34 CFR
§300.300)
The charter school must obtain your
informed consent before it reevaluates your child, unless the charter school
can demonstrate that:
1.
It took reasonable steps to obtain your consent for
your child’s reevaluation; and
2.
You did not respond.
4. Documentation Reasonable Efforts to
Obtain Parental Consent (34 CFR §300.300)
The
charter school must maintain documentation of reasonable efforts to obtain
parental consent for initial evaluations, to provide special education and
related services for the first time, to reevaluation and to locate parents of
wards of the State for initial evaluations. The documentation must include a
record of the charter school’s attempts in these areas, such as:
1.
Detailed records of telephone calls made or
attempted and the results of those calls;
2.
Copies of correspondence sent to the parents and
any responses received; and
3.
Detailed records of visits made to the parent’s
home or place of employment and the results of those visits.
5. Consent Not Required Related to
Evaluation
Your consent is not
required before the charter school may:
1.
Review existing data as part of your child’s
evaluation or a reevaluation; or
2.
Give your child a test or other evaluation that is
given to all children unless, before that test or evaluation, consent is
required from all parents of all children.
6. Refused Consent to a Reevaluation
If
you refuse to consent to your child’s reevaluation, the CHARTER SCHOOL may, but
is not required to, pursue your child’s reevaluation by using the mediation,
due process complaint, resolution meeting, and impartial due process hearing
procedures to seek to override your refusal to consent to your child’s
reevaluation. As with initial evaluations, the charter school does not violate
its obligations under Part B of the IDEA if it declines to pursue the
reevaluation in this manner.
The
charter school may not use your refusal to consent to one service or activity
to deny you or your child any other service, benefit, or activity.
7. Disagreements with an Evaluation
a. Independent Educational Evaluations
(34 CFR §300.502)
1) General
As described below, you have the right to
obtain an independent educational evaluation (IEE) of your child if you
disagree with the evaluation of your child that was obtained by the charter
school. If you request an IEE, the charter school must provide you with
information about where you may obtain an IEE and about the charter school’s criteria
that apply to IEEs.
2) Definitions
a)
Independent
educational evaluation means an evaluation conducted by a
qualified examiner who is not employed by the charter school responsible for
the education of your child.
b)
Public
expense means that the charter school either pays for the
full cost of the evaluation or ensures that the evaluation is otherwise
provided at no cost to you, consistent with the provisions of Part B of the
IDEA, which allow each State to use whatever State, local, Federal and private
sources of support are available in the State to meet the requirements of Part
B of the Act.
3) Parent right to evaluation at public
expense
You
have the right to an IEE of your child at public expense if you disagree with
an evaluation of your child obtained by the charter school, subject to the
following conditions:
a)
If you request an IEE of your child at public
expense, the charter school must, without unnecessary delay, either: (a) File a due process complaint to request a
hearing to show that its evaluation of your child is appropriate; or (b)
Provide an IEE at public expense, unless the charter school demonstrates in a
hearing that the evaluation of your child that you obtained did not meet the charter
school’s criteria.
b)
If the charter school requests a hearing and the
final decision is that the charter school’s evaluation of your child is
appropriate, you still have the right to an IEE, but not at public expense.
c)
If you request an IEE of your child, the charter
school may ask why you object to the evaluation of your child obtained by the
charter school. However, the charter school may not require an explanation and
may not unreasonably delay either providing the IEE of your child at public
expense or filing a due process complaint to request a due process hearing to
defend the charter school’s evaluation of your child.
d)
You are entitled to only one IEE of your child at
public expense each time the charter school conducts an evaluation of your
child with which you disagree.
e)
If
an IEE is at public expense, the criteria under which the evaluation is
obtained, including the location of the evaluation and the qualifications of
the examiner, must be the same as the criteria that the charter school uses
when it initiates an evaluation (to the extent those criteria are consistent
with your right to an IEE).
Except
for the criteria described above, a charter school may not impose conditions or
timelines related to obtaining an IEE at public expense.
b. Parent-initiated evaluations
If
you obtain an IEE of your child at public expense or you share with the charter
school an evaluation of your child that you obtained at private expense:
1)
The charter school must consider the results of the
evaluation of your child, if it meets the charter school’s criteria for IEEs,
in any decision made with respect to the provision of FAPE to your child; and
2)
You or the charter school may present the
evaluation as evidence at a due process hearing regarding your child.
c. Requests for evaluations by hearing
officers
If
a hearing officer requests an IEE of your child as part of a due process
hearing, the cost of the evaluation must be at public expense.
ANNUAL NOTICE OF RIGHTS
REGARDING STUDENT RECORDS:
CONSENT
FOR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION (34 CFR §300.622)
Unless the information is contained in education
records, and the disclosure is authorized without parental consent under FERPA,
your consent must be obtained before personally identifiable information is
disclosed to parties other than officials of participating agencies. Except
under the circumstances specified below, your consent is not required before
personally identifiable information is released to officials of participating
agencies for purposes of meeting a requirement of Part B of the IDEA.
Your consent, or consent of an eligible child who
has reached the age of majority under State law, must be obtained before
personally identifiable information is released to officials of participating
agencies providing or paying for transition services.
ACCESS
TO CONFIDENTIAL INFORMATION RELATED TO STUDENT (34 CFR §300.611)
1.
Related to the confidentiality of information, the
following definitions apply:
a. Destruction means physical destruction or removal of personal
identifiers from information so that the information is no longer personally
identifiable.
b. Education records means the type of records covered under the
definition of “education records” in 34 CFR Part 99 (the regulations
implementing the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
1232g (FERPA)).
c. Participating
agency means any charter school, agency
or institution that collects, maintains, or uses personally identifiable
information, or from which information is obtained, under Part B of the IDEA.
d.
Personally
identifiable
(34 CFR §300.32) means information that has:
1) Your child’s name, your name as the parent, or the
name of another family member;
2) Your child’s address;
3) A personal identifier, such as your child’s social
security number or student number; or
4) A list of personal characteristics or other
information that would make it possible to identify your child with reasonable
certainty.
2.
Access Rights (34 CFR §300.613)
a.
Parent Access
The charter school must permit you to inspect and
review any education records relating to your child that are collected,
maintained, or used by the charter school under Part B of the IDEA. The charter
school must comply with your request to inspect and review any education
records on your child without unnecessary delay or before any meeting regarding
an IEP, or any impartial due process hearing (including a resolution meeting or
a hearing regarding discipline), and in no case more than 45 calendar days
after you have made a request.
4) Your right to inspect and review education records
includes:
5) Your right to a response from the charter school to
your reasonable requests for explanations and interpretations of the records;
6) Your right to request that the charter school provide
copies of the records if you cannot effectively inspect and review the records
unless you receive those copies; and
7) Your right to have your representative inspect and
review the records.
a)
The charter school may presume that you have
authority to inspect and review records relating to your child unless advised
that you do not have the authority under applicable State law governing such
matters as guardianship, or separation and divorce.
b.
Other Authorized Access (34 CFR §300.614)
The charter school must keep a record of parties
obtaining access to education records collected, maintained, or used under Part
B of the IDEA (except access by parents and authorized employees of the
participating agency), including the name of the party, the date access was
given, and the purpose for which the party is authorized to use the records.
The charter school may charge a fee or copies of
records (34 CFR §300.617) that are made for you under Part B of the IDEA, if
the fee does not effectively prevent you from exercising your right to inspect
and review those records.
The charter school may not charge a fee to search
for or to retrieve information under Part B of the IDEA.
4.
Amendment of Records at Parent’s Request (34 CFR
§300.618)
If you believe that information in the education
records regarding your child collected, maintained, or used under Part B of the
IDEA is inaccurate, misleading, or violates the privacy or other rights of your
child, you may request the charter school that maintains the information to
change the information.
The charter school must decide whether to change the
information in accordance with your request within a reasonable period of time
of receipt of your request.
If the charter school refuses to change the
information in accordance with your request, it must inform you of the refusal
and advise you of the right to a hearing for this purpose.
5.
The charter school must, on request, provide you an
opportunity for a hearing to challenge information in education records
regarding your child to ensure that it is not inaccurate,
misleading, or otherwise in violation of the privacy
or other rights of your child.
a. Hearing
Procedures (34 CFR §300.621)
A hearing to challenge information in education
records must be conducted according to the following procedures for such
hearings under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
Section 1233g (FERPA):
1) The educational agency or institution shall hold the
hearing within a reasonable time after it has received the request for the
hearing from the parent or eligible student.
2) The educational agency or institution shall give the
parent or eligible student notice of the date, time, and place, reasonable in
advance of the hearing.
3) The hearing may be conducted by any individual,
including an official of the educational agency or institution who does not
have a direct interest in the outcome of the hearing.
4) The educational agency or institution shall give the
parent or eligible student a full and fair opportunity to present evidence to
challenge the content of the student’s education records on the grounds that
the information contained in the education records is inaccurate, misleading, or
in violation of the privacy rights of the student. The parent or eligible
student may, at their own expense, be assisted or represented by one or more
individuals of his or her own choice, including an attorney.
5) The educational agency or institution shall make its
decision in writing within a reasonable period of time after the hearing.
6) The decision must be based solely on the evidence
presented at the hearing, and must include a summary of the evidence and the
reasons for the decision.
b. Result
of Hearing (34 CFR §300.620)
If, as a result of the hearing, the charter school decides
that the information is inaccurate, misleading, or otherwise in violation of
the privacy or other rights of the child, it must change the information
accordingly and inform you in writing. If, as a result of the hearing, the
charter school decides that the information is not inaccurate, misleading, or
otherwise in violation of the privacy or other rights of your child, you may
place in the records that it maintains on your child a statement commenting on
the information or providing any reasons you disagree with the decision of the
participating agency.
Such an explanation placed in the records of your
child must:
1. Be maintained by the charter school as part of the
records of your child as long as the record or contested portion is maintained
by the participating agency; and
2. If the charter school discloses the records of your
child or the challenged portion to any party, the explanation must also be
disclosed to that party.
c. Safeguards
(34 CFR §300.623)
Each
charter school must protect the confidentiality of personally identifiable
information at collection, storage, disclosure, and destruction stages.
One official at each charter school must assume
responsibility for ensuring the confidentiality of any personally identifiable
information.
All persons collecting or using personally
identifiable information must receive training or instruction regarding your
State’s policies and procedures regarding confidentiality under Part B of the
IDEA and FERPA.
Each charter school must maintain, for public
inspection, a current listing of the names and positions of those employees
within the agency who have access to personally identifiable information.
6.
Destruction of Information (34 CFR §300.624)
The
charter school must inform you when personally identifiable information
collected, maintained, or used is no longer needed to provide educational
services to your child, and the information must be destroyed at your request.
However, a permanent record
of your child’s name, address, and phone number, his or her grades, attendance
record, classes attended, grade level completed, and year completed may be
maintained without time limitation.
PROCEDURES
FOR DISCIPLINARY EXCLUSION OF CHILDREN WITH DISABILITIES.
There are special rules in
AUTHORITY
OF SCHOOL PERSONNEL (34 CFR §300.530)
1.
Case-by-case determination
School
personnel may consider any unique circumstances on a case-by-case basis, when
determining whether a change of placement, made in accordance with the
following requirements related to discipline, is appropriate for a child with a
disability who violates a school code of student conduct.
2.
General
To the
extent that they also take such action for children without disabilities,
school personnel may, for not more than 10 consecutive school
days, remove a child with a disability (other
than a child with mental retardation) who violates a code of student conduct
from his or her current placement to an appropriate interim alternative
educational setting, another setting, or suspension. School personnel may also
impose additional removals of the child of not more than 10
consecutive school days in that same school year for
separate incidents of misconduct, as long as those removals do not constitute a
change of placement (see Change
of Placement Because of Disciplinary Removals
for the definition, below) or exceed 15 cumulative school days in a school
year. Once a child with a disability has been removed from his or her current
placement for a total of 10 school days in
the same school year, the charter school must, during any subsequent days of
removal in that school year, provide services to the extent required below
under the sub-heading Services.
3.
Additional authority
If the behavior that violated the student code of
conduct was not a manifestation of the child’s disability (see Manifestation determination, below) and the disciplinary change of placement
would exceed 10 consecutive school days, school personnel may apply the disciplinary
procedures to that child with a disability in the same manner and for the same
duration as it would to children without disabilities, except that the school
must provide services to that child as described below under Services. The child’s IEP Team determines the interim
alternative educational setting for such services. Under PA special education
regulations, a disciplinary exclusion of a student with a disability for more
than 15 cumulative school days in a school year will be considered a pattern so
as to be deemed a change in educational placement (explained under Change of
Placement Because of Disciplinary Removals). The charter school is required to
issue a NOREP/Prior Written Notice to parents prior to a removal that
constitutes a change in placement (removal for more than 10 consecutive days or
15 cumulative days).
4.
Services
The services that must be provided to a child with a
disability who has been removed from the child’s current placement may be
provided to an interim alternative educational setting. A charter school is only required to provide services to a
child with a disability who has been removed from his or her current placement
for 10 school days or less in that school
year, if it provides services to a child without disabilities who has been
similarly removed. Students may have the responsibility to make up exams and
work missed while being disciplined by suspension and may be permitted to
complete these assignments within guidelines established by their charter
school.
A child with a disability who is removed from the
child’s current placement for more than 10 consecutive school days must:
a. Continue to receive educational services, so as to
enable the child to continue to participate in the general education
curriculum, although in another setting, and to progress toward meeting the
goals set out in the child’s IEP; and
b. Receive, as appropriate, a functional behavioral
assessment, and behavioral intervention services and modifications that are
designed to address the behavior violation so that it does not happen again.
After a child with a disability has been removed
from his or her current placement for 10 school days during one school year, or if current removal is for 10
consecutive school days or less, and if the removal is not a change of placement (see
definition below), then
school personnel, in consultation with at least one of the child’s teachers,
determine the extent to which services are needed to enable the child to
continue to participate in the general education curriculum, although in
another setting, and to progress toward meeting the goals set out in the
child’s IEP.
If the removal is a change of placement (see definition
below), the child’s IEP Team determines the appropriate services to enable the
child to continue to participate in the general education curriculum, although
in another setting, and to progress toward meeting the goals set out in the
child’s IEP.
5.
Manifestation determination
Within
10 school days
of any decision to change the placement of a child with a disability because of
a violation of a code of student conduct (except for a removal that does not
constitute a change in educational placement i.e., is for 10 consecutive school days
or less and not a change of placement), the charter school, the parent, and
relevant members of the IEP Team (as determined by the parent and the charter
school) must review all relevant
information
in the student’s file, including the child’s IEP, any teacher observations, and
any relevant information provided by the parents to determine:
a. If the conduct in question was caused by, or had a
direct and substantial relationship to, the child’s disability; or
b. If the conduct in question was the direct result of
the charter school’s failure to implement the child’s IEP.
If the charter school, the parent, and relevant
members of the child’s IEP Team determine that either of those conditions was
met, the conduct must be determined to be a manifestation of the child’s
disability.
If the charter school, the parent, and relevant
members of the child’s IEP Team determine that the conduct in question was the
direct result of the charter school’s failure to implement the IEP, the charter
school must take immediate action to remedy those deficiencies.
6.
Determination that behavior was a
manifestation of the child’s disability
If the charter school, the parent, and relevant
members of the IEP Team determine that the conduct was a manifestation of the
child’s disability, the IEP Team must either:
a. Conduct a functional behavioral assessment, unless
the charter school had conducted a functional behavioral assessment before the
behavior that resulted in the change of placement occurred, and implement a
behavioral intervention plan for the child; or
b. If a behavioral intervention plan already has been
developed, review the behavioral intervention plan, and modify it, as
necessary, to address the behavior.
Except as described below under the sub-heading Special
circumstances, the charter school must return
the child to the placement from which the child was removed, unless the parent
and the school agree to a change of placement as part of the modification of
the behavioral intervention plan.
7.
Special circumstances
Whether or not the behavior was a manifestation of
the child’s disability, school personnel may remove a student to an interim
alternative educational setting (determined by the child’s IEP Team) for up to
45 school days, if the child:
a. Carries a weapon (see the Definitions below) to school or has a weapon at school, on
school premises, or at a school function under the jurisdiction of the charter
school:
b. Knowingly has or uses illegal drugs (see the Definitions below), or sells or solicits the sale of a
controlled substance, (see the Definitions below), while at school, on school premises, or at
a school function under the jurisdiction of the charter school; or
c. Has inflicted serious bodily injury (see the Definitions below) upon another person while at school, on
school premises, or at a school function under the jurisdiction of the State
Educational Agency or a charter school.
8.
Definitions
a. Controlled
substance means a drug or other substance
identified under schedules I, II, III, IV, or V in section 202 (c) of the
Controlled Substances Act (21 U.S.C. 812(c)).
b. Illegal drug means a controlled substance; but does not include a
controlled substance that is legally possessed or used under the supervision of
a licensed health-care professional or that is legally possessed or used under
any other authority under that Act or under any other provision of Federal law.
c. Serious bodily injury has the meaning given the term “serious
bodily injury” under paragraph (3) of subsection (h) of section 1365 of title
18, United States Code.
d. Weapon has the meaning given the term “dangerous weapon”
under paragraph (2) of the first subsection (g) of section 930 of title 18,
United States Code.
9.
Notification
On the
date it makes the decision to make a removal that is a change of placement of
the child because of a violation of a code of student conduct, the charter
school must notify the parents of that decision, and provide the parents with a
procedural safeguards notice.
Change
Of Placement Because Of Disciplinary Removals (34 CFR §300.536)
A
removal of a child with a disability from the child’s current educational
placement is a change
of placement requiring a NOREP/prior written notice if:
1.
The removal is for more than 10 consecutive school days; or
2.
The removal is for 15 cumulative school days total in any
one school year;
3.
The child has been subjected to a series of removals that
constitute a pattern because:
a.
The series of removals total more than 10 school days in a
school year;
b.
The child’s behavior is substantially similar to the
child’s behavior in previous incidents that resulted in a series of removals;
c.
Of such additional factors as the length of each removal,
the total amount of time the child has been removed, and the proximity of the
removals to one another; and
Whether
a pattern of removals constitutes a change of placement is determined on a
case-by-case basis by the charter school and, if challenged, is subject to
review through due process and judicial proceedings.
Determination
of Setting (34 CFR §300.531)
The IEP
must determine the interim alternative educational setting for removals that
are changes of
placement, and removals under the headings Additional authority and Special
circumstances, above.
1. General
The
parent of a child with a disability may file a due process complaint (see
above) to request a due process hearing if he or she disagrees with:
a.
Any decision regarding placement made under these
discipline provisions; or
b.
The manifestation determination described above.
The charter
school may file a due process complaint (see above) to request a due process
hearing if it believes that maintaining the current placement of the child is
substantially likely to result in injury to the child or to others.
2. Authority of hearing
officer
A
hearing officer that meets the requirements described under the sub-heading Impartial Hearing Officer must conduct the due
process hearing and make a decision.
The hearing officer may:
a.
Return the child with a disability to the placement from
which the child was removed if the hearing officer determines that the removal
was a violation of the requirements described under the heading Authority of
School Personnel, or that the child’s behavior was a manifestation of the child’s
disability; or
b.
Order a change of placement of the child with a disability
to an appropriate interim alternative educational setting for not more than 45
school days if the hearing officer determines that maintaining the current
placement of the child is substantially likely to result in injury to the child
or to others.
These
hearing procedures may be repeated, if the charter school believes that
returning the child to the original placement is substantially likely to result
in injury to the child or to others.
Whenever
a parent or a charter school files a due process complaint to request such a
hearing, a hearing must be held that meets the requirements described under the
headings Due Process
Complaint Procedures, Hearings on Due Process Complaints, except
as follows:
1.
The SEA must arrange for an expedited due process hearing,
which must occur within 20 school days of the date the hearing is filed and must
resulting a determination within 10 school days after the hearing.
2.
Unless the parents and the charter school agree in writing
to waive the meeting, or agree to use mediation, a resolution meeting must
occur within 7
calendar days of receiving notice of the due process complaint. The hearing may
proceed unless the matter has been resolved to the satisfaction of both parties
within 15
calendar days of receipt of the due process complaint.
A party
may appeal the decision in an expedited due process hearing in the same way as
they may for decisions in other due process hearings.
When, as
described above, the parent or charter school has filed a due process complaint
related to disciplinary matters, the child must (unless the parent and the
State Educational Agency or charter school agree otherwise) remain in the
interim alternative educational setting pending the decision of the hearing
officer, or until the expiration of the time period of removal as provided for
and described under the heading Authority of School
Personnel, whichever occurs first.
Special Rules for Students
with Mental Retardation
The
disciplinary removal of a child with mental retardation attending either a charter
school for any amount of time is considered a change in placement and requires
NOREP/prior written notice (if the disciplinary event does not involve
drugs, weapons and/or serious bodily injury). A removal from school is not a
change in placement for a child who is identified with mental retardation when
the disciplinary event involves weapons, drugs, and/or serious bodily injury.
According
to certain assurances the Commonwealth entered into related to the PARC consent
decree, a charter school may suspend on a limited basis a student with mental
retardation who presents a danger to himself or others upon application and
approval by the Bureau of Special Education and only to the extent that a
student with a disability other than mental retardation could be suspended.
Protections
For Children Not Yet Eligible For Special Education and Related Services (34
Cfr §300.534)
1. General
If a
child has not been determined eligible for special education and related
services and violates a code of student conduct, but the charter school had
knowledge (as determined below) before the behavior that brought about the
disciplinary action occurred, that the child was a child with a disability,
then the child may assert any of the protections described in this notice.
2. Basis of knowledge for
disciplinary matters
A charter school must be
deemed to have knowledge that a child is a child with a disability if, before
the behavior that brought about the disciplinary action occurred:
a.
The parent of the child expressed concern in writing that
the child is in need of special education and related services to supervisory
or administrative personnel of appropriate educational agency, or a teacher of
the child;
b.
The parent request an evaluation related to eligibility for
special education and related services under Part B of the IDEA; or
c.
The child’s teacher, or other charter school personnel
expressed specific concerns about a pattern of behavior demonstrated by the
child directly to the charter school’s director of special education or to
other supervisory personnel of the charter school.
3. Exception
A charter school would not
be deemed to have such knowledge if:
a.
The child’s parent has not allowed an evaluation of the
child or refused special education services; or
b.
The child has been evaluated and determined to not be a
child with a disability under Part B of the IDEA.
4. Conditions that apply if
there is no basis of knowledge
If prior
to taking disciplinary measures against the child, a charter school does not
have knowledge that a child is a child with a disability, as described above
under the sub-headings Basis of knowledge for
disciplinary matters and Exception, the
child may be subjected to the disciplinary measures that are applied to
children without disabilities who engaged in comparable behaviors.
However,
if a request is made for an evaluation of a child during the time period in
which the child is subjected to disciplinary measures, the evaluation must be
conducted in an expedited manner.
Until
the evaluation is completed, the child remains in the educational placement
determined by school authorities, which can include suspension or expulsion
without educational services. If the child is determined to be a child with a
disability, taking into consideration information from the evaluation conducted
by the charter school, and information provided by the parents, the charter
school must provide special education and related services in accordance with
Part B of the IDEA, including the disciplinary requirements described above.
B.
REFERRAL TO AND ACTION BY LAW
ENFORCEMENT AND JUDICIAL AUTHORITIES (34 CFR §300.535)
1. The state and federal
regulations do not:
a.
Prohibit an agency from reporting a crime committed by a
child with a disability to appropriate authorities; or
b.
Prevent State law enforcement and judicial authorities from
exercising their responsibilities with regard to the application of Federal and
State law to crimes committed by a child with a disability.
Subsequent
to a referral to law enforcement, an updated functional behavior assessment and
positive behavior support plan are required.
2. Transmittal of records
If a charter
school reports a crime committed by a child with a disability, the charter
school: must ensure that copies of the
child’s special education and disciplinary records are transmitted for
consideration by the authorities to whom the agency reports the crime; and May
transmit copies of the child’s special education and disciplinary records only
to the extent permitted by FERPA.
THIS ANNUAL NOTICE AND
STATEMENT OF POLICY AND PROCEDURES HAS BEEN WRITTEN IN ACCORDANCE WITH CHAPTER
711 OF TITLE 22 OF THE PA CODE.
THE CONTENT OF THIS NOTICE HAS BEEN WRITTEN IN
STRAIGHTFORWARD, SIMPLE LANGUAGE. IF A
PERSON DOES NOT UNDERSTAND ANY OF THIS NOTICE, HE OR SHE SHOULD ASK THE CAO OF
THE
THIS NOTICE IS ONLY A SUMMARY
OF THE SPECIAL EDUCATION SERVICES, EVALUATION AND SCREENING ACTIVITIES, AND
RIGHTS AND
PROTECTIONS PERTAINING TO
CHILDREN WITH DISABILITIES, CHILDREN THOUGHT TO BE DISABLED, AND THEIR PARENTS
AND IS ONLY A SUMMARY OF THE CONFIDENTIALITY RIGHTS REGARDING STUDENT INFORMATION.
FOR MORE INFORMATION OR TO
REQUEST EVALUATION OR SCREENING OF A CHARTER SCHOOL STUDENT CONTACT THE CAO/Principal
OF THE CHARTER SCHOOL AT School Lane Charter School, (215) 245-6055,
2400 Bristol Pike, Bensalem, PA 19020.
NOTHING IN THIS NOTICE IS
INTENDED TO CONFLICT WITH OR SUPPLANT THE INFORMATION CONTAINED IN THE
PENNSYLVANIA DEPARTMENT OF EDUCATION’S CURRENT “PROCEDURAL SAFEGUARDS NOTICE”
WHICH IS AVAILABLE THROUGH THE SCHOOL FOR YOUR REVIEW OR WITH APPLICABLE STATE
AND/OR FEDERAL LAWS.