Editorial: Special-ed report merits your attention

Published: August 13. 2008 1:40AM

Taxpayers, parents and children's advocates should pay close attention to an investigation by the Pennsylvania Auditor General into reimbursements for special education in Millcreek Township.

The School Based Access Program reimburses school districts and other education agencies for health-related costs --such as physical or speech therapy or hearing and vision-related services -- for special education students who receive Medicaid.

The federal government has determined that such medical services are necessary for students to benefit from special education programs and that schools should not have to absorb additional costs to provide these services.

But Erica Erwin found an interesting pattern, as reported in the Erie Times-News on Sunday.

The Millcreek School District has received substantially more in health-related reimbursements than the Erie School District.

In 2005-06, Millcreek received $940,604 in medical reimbursements for its 900 special-ed students. The highest amount the Erie district received for its 2,560 special-ed students was $629,960, in 2003-04.

This disparity also happens elsewhere. The Milwaukee Journal Sentinel reported in June that the Milwaukee School District, an urban district, received lower medical reimbursements than many smaller districts throughout the state. In some cases, the Milwaukee district can deliver services more efficiently than smaller districts, which have to make special accommodations to serve small populations of special-ed students.

But efficiency alone doesn't explain how some districts snag more money than others for medical reimbursements.

The Waynesboro Record recently reported that the special education director for the Waynesboro Area School District, in south-central Pennsylvania, had requested a second clerk to help apply for medical reimbursements. The new clerk was needed because the district may have been missing "billable opportunities" for additional revenue, the special-ed director said.

Linda Schrock Taylor, a former Michigan teacher, blogged about her reaction after she said she received a directive from her school superintendent to file claims for Medicaid services. "I am NOT a qualified health care worker and I do not provide direct health services.' Neither do I coordinate any health care services," Schrock Taylor fumed.

Anyone who has reared or educated a child with special needs knows how important it is to provide appropriate educational services to help children reach their full potential.

But talk about "billable opportunities" raises red flags. Those words give the appearance that maximizing revenue trumps helping students and that if more children qualify for special-ed, the district can benefit financially.

That should not be a district's practice or philosophy.

We eagerly await the Auditor General's report on Millcreek.

http://www.goerie.com:80/apps/pbcs.dll/article?AID=/20080813/OPINION01/808130373

Shuman Juvenile Detention Center loses Pa. certification

Thursday, August 14, 2008
By Steve Twedt, Pittsburgh Post-Gazette

State officials have refused to re-certify Shuman Juvenile Detention Center, citing violations of minimum staffing and staff training requirements, inadequate fire drills, poor health record documentation, and disrepair at the Lincoln-Lemington facility, including the presence of black mold.

Instead, Department of Public Welfare officials have issued a provisional certificate of compliance for Shuman through Jan. 1 while officials there address needed corrections.

More details in tomorrow's Pittsburgh Post-Gazette.

Please visit our National Blog "Families Against Restraint and Seclusion" for new updates.

http://familiesagainstrestraintandseclusion.blogspot.com/

What to Do if Your Child Is Restrained or You Suspect Was Restrained

1. Take pictures of any visible injuries and document those injuries.

2. Take your child to his/her Pediatrician or the Emergency room for a complete physical examination.

3. Call the child abuse hotline and report it.

4. File a police report.

5. Send a "No Restraint" letter to the school principal, the district superintendent and/or members of the school board and ask that the letter be included in your child's permanent school records. You may want to either hand-deliver this or send it certified mail. A sample letter can be found here: http://www.bridges4kids.org/IEP/NoRestraintLetter.html

Note: This form may not stop the schools from restraining children but they will not be able to come back later on and say that you were aware that your child was being restrained and never objected.

6. File a complaint with your state Department of Education: http://www.ed.gov/about/contacts/state/index.html?src=ln

7. File a complaint with you state Disabilities Rights Network (aka Protection and Advocacy): http://www.napas.org/aboutus/PA_CAP.htm

8. Contact Families Against Restraint and Seclusion at http://www.blogger.com/familiesagainstrestraint@yahoo.com and share your experience. We understand what you're going through because we too have lived through it.

Calendar of Events

Below are listed upcoming events and activities sponsored by Local Organizations.

State Performance Plan Public Forum, PA Department of Education, PaTTAN Harrisburg, August 18, 2008, 9:30 am - 12:00 pm

State Performance Plan Public Forum, PA Department of Education, PaTTAN King of Prussia, August 19, 2008, 9:30 am - 12:00 pm

State Performance Plan Public Forum, PA Department of Education, PaTTAN Pittsburgh, August 20, 2008, 9:30 am - 12:00 pm

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA, August 26, 2008, 10:00 am - 11:00 am

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA September 2, 2008, 10:00 am - 11:00 am

Autism Family Field Day, ABOARD and Autism Help Network, September 6, 2009, 10:00 am - 2:00 pm

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA September 9, 2008, 10:00 am - 11:00 am

Advocacy Workshops, The Disability Support Hub, Voices for Independence, Erie, PA, September 15, 2008, 10:00 am - 3:00 pm.

Advocacy Workshops, The Disability Support Hub, Community Education Council, St. Mary's, PA, September 16, 2008, 10:00 am - 3:00 pm.

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA September 16, 2008, 10:00 am - 11:00 am

Advocacy Workshops, The Disability Support Hub, Three Rivers Center for Independent Living, Pittsburgh, PA, September 22, 2008, 10:00 am - 3:00 pm

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA September 23, 2008, 10:00 am - 11:00 am

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA September 30, 2008, 10:00 am - 11:00 am

"What's New in Special Education Law and Changes to Chapter 14", Bucks County Right To Education Task Force, October 1, 2008, 6:30 pm - 8:30 pm.

Advocacy Workshops, The Disability Support Hub, Northeast PA CIL, IBEW Building, Scranton, PA, October 6, 2008, 10:00 am - 3:00 pm

Autism from the Outside In, The Arc of Chester County, October 7, 2008, 10 am - 12 pm; 7 pm-9 pm

Advocacy Workshops, The Disability Support Hub, Disability Rights Network, Harrisburg, PA, October 20, 2008, 10:00 am - 3:00 pm

Advocacy Workshops, The Disability Support Hub, Vision for Equality, The Cast Iron Building, Philadelphia, PA, October 27, 2008, 10:00 am - 3:00 pm

Competence and Confidence: Partners in Policymaking for Families of Children in Early Intervention (C2P2EI), Pittsburgh area, 6 month training opportunity from October 2008 to May 2009.

Successful Daily Living-Strategies and Routines for the Home and Community, The Arc of Chester County, November 4, 2008, 10:00 am-12:00 pm; 7:00 pm - 9:00 pm

Bucks County Autism Support Coalition, November 8, 2008.

Autism Support Network Workshop with Donna Williams, November 15, 2008.

Behaviors and Assessment Strategies for Children with Autism, The Arc of Chester County, December 2, 2008, 10:00 am - 12:00 pm; 7:00 pm - 9:00 pm

Autism from the Outside In, The Arc of Chester County, March 3, 2009, 10, 10:00 am-12:00 pm; 7:00 pm-9:00 pm

Successful Daily Living-Strategies and Routines for the Home and Community, The Arc of Chester County, April 7, 2009, 10:00 am-12:00 pm; 7:00 pm - 9:00 pm

Behaviors and Assessment Strategies for Children with Autism, The Arc of Chester County, May 5, 2009, 10:00 am - 12:00 pm; 7:00 pm - 9:00 pm

FYI: FREE Advocacy Workshops

The Disability Advocacy Support Hub (a project of the Disability Rights Network of Pennsylvania) will be sponsoring the following FREE Advocacy Workshops to help advocates improve their skills:

Fundraising 101 (10am – 12pm)
A plain English overview of fundraising for disability advocacy groups/organization s, including annual giving, special events, grants - both foundation and government, major gifts and planned giving.

Lunch Available (12 pm – 1pm)
Lunch will be made available and is a great time to network with your peers and other advocates.

Strategic Planning (1pm – 3pm)
Understand the importance of having a clear mission and vision for your organization. Learn how to prepare an action plan with overarching goals and measureable objectives, as well as an effective strategy with target dates.

Worshops will be held in the following locations:

Erie -Voices for Independence on September 15, 2008
St. Mary’s - Community Education Council on September 16, 2008
Pittsburgh - Three Rivers Center for Independent Living Services on September 22, 2008
Scranton - Northeast PA CIL, IBEW Building on October 6, 2008
Harrisburg - Disability Rights Network on October 20, 2008
Philadelphia - Vision for Equality, The Cast Iron Building on October 27, 2008

To enroll or for more information, contact DASH – Call toll free at 866-915-3274 (877-375-7139 tty) OR send an email to ldo@drnpa.org

Please note that seating is limited and reservations are required.

No charge for workshops, materials or lunch.

Special assistance such as interpreters is available if requested three weeks before actual training date.

Workshop material is available in alternate format such as large print, disk or Braille if requested by September 1, 2008.

The Disability Advocacy Support Hub is funded by the Pennsylvania Developmental Disabilities Council.

FYI: PA Dept of Ed Seeking Public Comments on State Performance Plan

PENNSYLVANIA DEPARTMENT OF EDUCATION
July 25, 2008

State Performance Plan Public Forums

From John J. Tommasini, Director, Pennsylvania Dept of Education

Under the Individuals with Disabilities Education Act of 2004, states must develop a State Performance Plan (SPP) that includes measurable and rigorous targets for twenty indicators of compliance and performance with IDEA.

The SPP is a six-year plan which began in the 2005-06 school year and ends in 2010-11.

Pennsylvania's SPP targets have been approved by the U.S. Department of Education, Office of Special Education Programs. The SPP and 2006 Annual Performance Reportmay be accessed on the PaTTAN website: http://www.pattan.k12.pa.us/partners/spp.aspx

As we approach the mid-point of the SPP span, the Bureau of Special Education (BSE) is considering revision to some of the targets.

In some cases, this is necessary because OSEP provided new directions to states for calculating data; in other instances, improvement over time has exceeded expectations and we want to ensure that targets remain rigorous. The specific areas where we are seeking stakeholder input about targets and improvement activities are:

Indicators 1 and 2(Graduation and Dropout Rates); Indicator 3 (Adequate Yearly Progress); Indicator 5 (Least Restrictive Environment); Indicator 18 (Resolution Settlement Agreements); and Indicator 19 (Mediation Agreements).

The BSE will be conducting three public forums next month for this purpose. The forums will be held from 9:30 to noon at the following locations:

PaTTAN Harrisburg August 18
PaTTAN King of Prussia August 19
PaTTAN Pittsburgh August 20

Persons wishing to participate must pre-register. This can bedone by e-mail or phone. Please provide your name, affiliation, and which location you will attend. You may either send e-mail to Enie Murphy at emurphy@pattan.net or by phone at 1-800-360-7282,ext.3407.

Questions regarding the SPP may be addressed to Sandy Zeleznik, BSE Adviser, at szeleznik@state.pa.us.

Chapter 14 Regulations - Restraint and Seclusion Laws

The following is an excerpt from Chapter 14 Regulations which govern restraint and seclusion use in Pennsylvania schools.

§ 14.133. POSITIVE Behavior support.

(a) Positive, rather than negative, measures shall form the basis of behavior support programs to ensure that all students AND ELIGIBLE YOUNG CHILDREN shall be free from demeaning treatment and, THE USE OF aversive techniques or AND the inappropriate UNREASONABLE use of restraints. Behavior support programs SHALL include a variety of RESEARCH BASED PRACTICES AND techniques to develop and maintain skills that will enhance an individual student’s or ELIGIBLE young child’s opportunity for learning and self-fulfillment.

BEHAVIOR SUPPORT PROGRAMS AND PLANS SHALL BE BASED ON A FUNCTIONAL ASSESSMENT OF BEHAVIOR AND UTILIZE POSITIVE BEHAVIOR TECHNIQUES. WHEN AN INTERVENTION IS NEEDED TO ADDRESS PROBLEM BEHAVIOR, The THE types of intervention chosen for a particular student or ELIGIBLE young child shall be the least intrusive necessary.

THE USE OF RESTRAINTS IS CONSIDERED A MEASURE OF LAST RESORT, ONLY TO BE USED AFTER OTHER LESS RESTRICTIVE MEASURES, INCLUDING DE-ESCALATION TECHNIQUES, IN ACCORD WITH SUBSECTION (C)(2).

Restraints—
(i) Devices and techniques, that last longer than 30 consecutive seconds, designed and used to control acute [or], episodic [aggressive] behaviors [or to control involuntary movements or lack of muscular control due to organic causes or conditions. The term includes physical and mechanical restraints.], including aggressive or self injurious behaviors. Redirection or physical prompting as a teaching technique when a student does not exhibit active resistance is not considered a restraint. Devices, objects or techniques prescribed by a qualified medical professional for reasons of safety or for therapeutic or medical treatments are excluded from this definition.

THE APPLICATION OF PHYSICAL FORCE, WITH OR WITHOUT THE USE OF ANY DEVICE, FOR THE PURPOSE OF RESTRAINING THE FREE MOVEMENT OF A STUDENT’S OR ELIGIBLE YOUNG CHILD’S BODY. THE TERM RESTRAINT DOES NOT INCLUDE BRIEFLY HOLDING, WITHOUT FORCE, A STUDENT OR ELIGIBLE YOUNG CHILD IN ORDER TO CALM OR COMFORT HIM, GUIDING A STUDENT OR ELIGIBLE YOUNG CHILD TO AN APPROPRIATE ACTIVITY, OR HOLDING A STUDENT’S OR ELIGIBLE YOUNG CHILD’S HAND TO SAFELY ESCORT HER FROM ONE AREA TO ANOTHER.

(ii) Examples excluded from this definition include devices used for physical or occupational therapy, seatbelts in wheelchairs or on toilets for balance and safety, safety harnesses in buses, functional positioning devises or hand over hand assistance with feeding or task completion. EXCLUDED FROM THIS DEFINITION ARE HAND-OVER-HAND ASSISTANCE WITH FEEDING OR TASK COMPLETION AND TECHNIQUES PRESCRIBED BY A QUALIFIED MEDICAL PROFESSIONAL FOR REASONS OF SAFETY OR FOR THERAPEUTIC OR MEDICAL TREATMENT, AS AGREED TO BY THE STUDENT’S OR ELIGIBLE YOUNG CHILD’S PARENTS AND SPECIFIED IN THE IEP. DEVICES USED FOR PHYSICAL OR OCCUPATIONAL THERAPY, SEATBELTS IN WHEEL CHAIRS OR ON TOILETS USED FOR BALANCE AND SAFETY, SAFETY HARNESSES IN BUSES, AND FUNCTIONAL POSITIONING DEVICES ARE EXAMPLES OF MECHANICAL RESTRAINTS WHICH ARE EXCLUDED FROM THIS DEFITION, AND GOVERNED BY SUBSECTION (d).

(c) Restraints to control acute or episodic aggressive or self-injurious behavior may be used only when the student is acting in a manner as to be a clear and present danger to himself, to other students or to employees, and only when less restrictive measures and techniques have proven to be or are less effective. [The use of restraints to control the aggressive behavior of an individual student shall cause a meeting of the IEP team to review the current IEP for appropriateness and effectiveness. The use of restraints may not be included in the IEP for the convenience of staff, as a substitute for an educational program, or employed as punishment.]

(1) When there is evidence to suggest that the emergency use of restrictive procedures, such as restraints may be necessary to ensure a student’s safety or the safety of others, parental consent should be obtained. If a restrictive procedure is needed on an emergency basis, parents should be informed and consent for future uses be obtained within 10 school days following the need for the use of a restrictive procedure. The need for restrictive procedures for safety should be noted in the student’s IEP.

THE USE OF RESTRAINTS TO CONTROL THE AGGRESSIVE BEHAVIOR OF AN INDIVIDUAL STUDENT OR ELIGIBLE YOUNG CHILD SHALL CAUSE THE SCHOOL ENTITY TO NOTIFY THE PARENT OF THE USE OF RESTRAINT AND SHALL CAUSE A MEETING OF THE IEP TEAM WITHIN 10 SCHOOL DAYS OF THE INAPPROPRIATE BEHAVIOR CAUSING THE USE OF RESTRAINTS, UNLESS THE PARENT, AFTER WRITTEN NOTICE, AGREES IN WRITING TO WAIVE THE MEETING. AT THIS MEETING, THE IEP TEAM SHALL CONSIDER WHETHER THE STUDENT OR ELIGIBLE YOUNG CHILD NEEDS A FUNCTIONAL BEHAVIORAL ASSESSMENT, REEVALUATION, A NEW OR REVISED POSITIVE BEHAVIOR SUPPORT PLAN, OR A CHANGE OF PLACEMENT TO ADDRESS THE INAPPROPRIATE BEHAVIOR.

(2) The use of restraints to control the aggressive and self injurious behavior on the part of an individual student shall cause a meeting of the IEP team within 10 school days of the behavior causing the use of restraints unless the use of restraint was consistent with the explicit provisions of the existing IEP and that IEP remains current and appropriate for the student. At this meeting, the team shall consider whether the student needs a behavioral assessment, reevaluation, a new or revised behavior plan, or a change of placement to address the inappropriate behavior MAY ONLY BE INCLUDED IN A STUDENT’S OR ELIGIBLE YOUNG CHILD’S IEP WHEN:

(I) UTILIZED WITH SPECIFIC COMPONENT ELEMENTS OF POSITIVE BEHAVIOR SUPPORT;

(II) USED IN CONJUNCTION WITH THE TEACHING OF SOCIALLY ACCEPTABLE ALTERNATIVE SKILLS TO REPLACE PROBLEM BEHAVIOR;

(III) STAFF ARE AUTHORIZED TO USE THE PROCEDURE AND HAVE RECEIVED THE STAFF TRAINING REQUIRED; AND

(IV) THERE IS A PLAN IN PLACE FOR ELIMINATING THE USE OF RESTRAINT THROUGH THE APPLICATION OF POSITIVE BEHAVIOR SUPPORT.

(3) THE USE OF PRONE RESTRAINTS IS PROHIBITED IN EDUCATIONAL PROGRAMS. PRONE RESTRAINTS ARE THOSE IN WHICH A STUDENT OR ELIGIBLE YOUNG CHILD IS HELD FACE DOWN ON THE FLOOR.

(3) (4) The use of restraints may not be included in the IEP for the convenience of staff, as a substitute for an educational program, or employed as punishment.

(4) (5) School entities shall maintain and report data on the use of restraints as prescribed by the Secretary. THE REPORT SHALL BE REVIEWED DURING CYCLICAL COMPLIANCE MONITORING CONDUCTED BY THE DEPARTMENT.

FYI: Training Announcement - "What's New in Special Education Law, Changes to the Chapter 14 Regulations"

The Bucks County Right to Education Task Force will be hosting a training/information session regarding changes in Special Education law and changes to Chapter 14 Regulations as part of their 2008-2009 meetings.

This session, presented by Andrew Faust, Esquire, partner, Sweet, Stevens, Katz, and Williams, will be held on Wednesday, October 1, 2008 from 6:30 pm - 8:30 pm at the Bucks County Intermediate Unit #22, located at 705 Shady Retreat Road in Doylestown.

Free babysitting is available, but pre-registration is required. To register contact Helene Gutgesell (with the number & ages of children) at (215) 348-2940 or hgutgesebucksiu. orq by September 24, 2008.

New Parent Chairpersons are Tricie DeAngelis at mailto:BeatriceDe%40aol.com, (267) 218-1671 and Tina DiBiaso at mailto:Tina%40visionforequality.orq, (215) 816-1322.

"Come and participate in the only countywide organization that bringstogether parents, the PA Department of Education, IU #22, each schooldistrict in Bucks County, Bucks Co. MH/MR and the ARC of PA."

FYI: Autism Family Field Day

The Advisory Board of Autism and Related Disorders (ABOARD) and The Autism Help Network will be hosting an Autism Family Field Day at the Woodlands Foundation, which is located at 134 Shenot Road in Wexford, PA on Saturday, September 6, 2008 from 10 am - to 2 pm.

Registration is FREE but is required to attend.

Lunch will be provided and a GFCF menu is available.

Space is limited, so call (412) 449-0165 to register. Please visit http://www.aboard.org/ or http://www.autismhelpforyou.org/ for more information.