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.

FYI: Competence and Confidence: Partners in Policymaking for Families of Children in Early Intervention (C2P2EI)

The Institute on Disabilities at Temple University is pleased to announce that this year’s session of Competence and Confidence: Partners in Policymaking for Families of Children in Early Intervention (C2P2EI) will start in October of 2008 and end in May 2009. It will be held in the Pittsburgh, Pennsylvania area.

What is C2P2EI? C2P2EI is an innovative training program providing family member participants with up-to-date information, leadership development training, resources and skills. Participants learn about the local, state and national issues that affect children with disabilities. Funding for this program is made possible by Pennsylvania’s Early Intervention Technical Assistance.

Who should apply to C2P2EI? Interested family members throughout Pennsylvania who have an infant, toddler or pre-school age child who has special needs are eligible to apply for this program. Family members must have the desire to learn to advocate for themselves and others and be willing to make a time commitment to attend the sessions.

How much does it cost to attend C2P2EI? A limited number of family members are accepted into the program at no cost to the individual. Participants are reimbursed for travel costs and childcare expenses. Meals are included and overnight lodging is provided for those individuals traveling over 30 miles to the training location.

What are some the benefits of attending? Graduates learn to become strong advocates and leaders. They gain the ability to teach policymakers a new way of thinking about people with disabilities. Graduates learn about current policies, laws, and regulations. They get an opportunity to meet many of the key players in the Early Intervention System. Certificates are awarded to participants who successfully complete all the program requirements.

Where can I get an application for this program? Applications can be requested by writing to The Institute on Disabilities, Temple University, 1601 N. Broad Street, Suite 610, University Services Building, Philadelphia,PA or contact either: Sue Tuckerman, Family Advocacy Coordinator 215.204.1772/ susanne.tuckerman@temple.edu or
Diane Perry, Inclusion Coordinator at 215.204.3031/ dperry@temple.edu

TTY calls can be made to 215.204.1356.

FYI: North Hills Autism Support Group Meeting

The North Hills Autism Support Group meeting will take place on Tuesday, August 5th at the Panera on McKnight Road across from Ross Park Mall from 7 to 9 pm.

Their meetings are for Parents, Caregivers, Relatives/Friends of children diagnosed with Autism Spectrum Disorder, Asperger's and PDD-NOS. Parents of children newly diagnosed are welcome as well as families who follow a biomedical intervention and those who do not.

EVERYONE is WELCOME!!

Any questions or suggestions please feel free to email la.bella@verizon.net or Jane at j.maruca@comcast.com.

FYI: Autism Support Network Workshop: November 15, 2008 with Donna Williams

The Autism Support Network will be presenting a workshop on November 15, 2008, with guest speaker Donna Williams.

Donna Williams is an Australian born adult with autism who acquired functional speech in late childhood and went on to become a qualified teacher. She is the author of two international bestselling autobiographies and has 9 published books relating to autism, including 4 text books widely used in autism education.

As a screenwriter, she wrote the screenplay to "Nobody Nowhere", the first book in her 4 book autobiographical series. That screenplay is currently under option to become a Hollywood film.

She is an professional artist, singer-song writer and published poet as well as a world renowned public speaker on autism now living with her husband in Australia. In her presentations she draws not only on her own experiences but on over 10 years experience as a professional autism consultant having worked with hundreds of people on the autism spectrum.

Donna's workshop will provide a valuable perspective of living life withASD across the family, school and community environments. She is a speakerin demand around the world due to her unique perspective and ability toshare her feelings and experiences on a very personal level.

More information about her and her life's work can be found on her website at http://www.donnawilliams.net/

For more info and a registration form, click the following link: http://www.autismsupportnetwork.org/

FYI: BUCKS COUNTY AUTISM SUPPORT COALITION

"Save the Date"

The Bucks County Autism Support Coalition will be hosting their 2ND Annual Dinner Fundraising Gala at Sprint Mill Manor - Ivyland on November 8, 2008.

They are seeking donations of goods or services for raffle items. Tickets will be available soon.

For more information, click the following link: http://www.bcasc.org/

FYI: Free Sign Language Trainings from PEAL Center

The PEAL Center serves families of children with disabilities and special health care needs. They provide information and training on education in Central and Western Pennsylvania, and on health care needs and support services statewide.

The PEAL Center is an organization of parents of children with special health care needs and
disabilities reaching out to assist other parents and professionals.

The PEAL Center will be offering Tiny Fingers to Tiny Voices, a free sign language program for parents and small children. The program instructor is Kimberly S. Simon, M. Ed. and will be offered on the following dates at these locations:


CRANBERRY TWP.
Cranberry Public Library
2525 Rochester Road
Cranberry Twp., PA 16066
Tuesdays:
April 29 May 6, 13, 20, 27
June 3
9:30-10:30 AM


PENN HILLS
William E. Anderson Library
1037 Stotler Rd.
(Stotler & Saltzburg)
Pittsburgh, PA 15235
Tuesdays:
July 1, 8, 15, 22, 29
August 5
9:30-10:30 AM


SQUIRREL HILL
Squirrel Hill Library
5801 Forbes Ave.
Pittsburgh, PA 15217
Metered lot under the library
Mondays:
June 30 July 7, 14, 21, 28
August 4
6:00-7:00 PM


WASHINGTON
Co-sponsored by Rainbows End
Recreation Station
www.recstation.org
289 North Ave.
Washington, PA 15301
Tuesdays:
August 26
September 2, 9, 16, 23, 30
10:00-11:00 AM

FYI: Training - Special Education Law Update - July 24

DO YOU KNOW WHAT YOUR SCHOOL DISTIRCT KNOWS ABOUT THE NEW REGULATIONS?

After much work from parents and Advocates many of our PA regulations for Special Education changed for the better as of July 1st, 2008. Your school district has been advised on how they affect your child's IEP. You are invited to come & find out how the new changes affect your child's IEP and your rights.

Please join Special Education Advocate Melissa Bilash and Special Education Attorneys Catherine Reisman, Amy Corolla and Jerry Tanenbaum on Thursday July 24th from 9-12:30 at McCall Golf and Country Club, 201 N. Lynne Blvd-Highland Park Ave- Upper Darby- 19083.

This conference is FREE but you need to RSVP due to limited space. Send Reply by July 20th to RSVP@ACFEINC.com

Questions please call 610 529 9350.

Colonial Intermediate Unit Staff Hand Book 2007-2008

We found a copy of the 2007-2008 Staff handbook online at http://www.ciu20.org/departments/humanresources/resources/20072008staffbook.pdf

Would you mind giving us your thoughts on their "policies" on Corporal Punishment? It starts on page 100, but we've copied and pasted some parts that have us more than a little concerned; namely, that staff are permitted to use ANY means necessary to stop self-injurious behaviors.

This policy also permits restraints, but does not instruct staff on how to properly restrain a child, and does not mention seclusion at all. We have bolded the parts we're particularly concerned with and placed comments in ( ).

We'd love to hear from you! Thanks!

PART III - CORPORAL PUNISHMENT

Corporal punishment, the practice of physically punishing a student as a disciplinary measure or in retaliation for an offense, is strictly prohibited in accordance with the established policy of the Colonial Intermediate Unit 20 Board of School Directors.

*Only reasonable force may be used in the form of physical restraint by an Intermediate Unit 20 teacher, administrator or staff member in the following circumstances:
1. To protect the lives and property of students and school personnel.
2. To protect themselves in matters of self-defense.
3. To remove from a student’s possession weapons or other dangerous objects.
4. To quell disturbances which infringe upon the educational rights of other students (What does this mean? Does this mean if a child starts screaming that he/she can be restrained?)

Students with disabilities who engage in inappropriate behavior, disruptive or prohibited activities and/or actions injurious to themselves or others shall be disciplined in accordance with their individualized education programs (IEP), behavior support plan and IU20 policy. (This language bothers me for some reason. It's so vague. If a child doesn't have "punishment" spelled out in his IEP, does this mean that he is subject only to IU20 policy?)

The Board directs that IU20 shall comply with the provisions of the Individuals With Disabilities Education Act (IDEA) and federal and state regulations when disciplining students with disabilities for violations of IU20 policy or school rules and regulations. (IDEA is a federal statute. How can a board "direct" otherwise?)

All disciplinary action will be reviewed by the Multi Disciplinary Team in order to ensure that all laws and regulations regarding special education are complied with and to ensure that each student is considered individually with respect to his/her handicapped condition.

During any period of disciplinary action, the student shall continue to receive free and appropriate education in accordance with federal law. (How can the student do so if they are permitted to be removed from school DUE TO A MANIFESTATION OF THEIR DISABILITY for 10 consecutive days and 15 cumulative days? See below).

A student with a disability may be suspended for ten (10) consecutive and fifteen (15) cumulative days of school per year regardless of whether the student’s behavior is a manifestation of his/her disability. (So they're saying they CAN punish children for behaviors DIRECTLY RELATED to their disability?)*

Any removal from school is a change of placement for student identified with mental retardation.

A student with a disability whose behavior is not a manifestation of his or her disability may be expelled pursuant to IU20 policies and procedures.

Students who have not been identified as disabled may be subject to the same disciplinary measures applied to students without disabilities if IU20 did not have knowledge of the disability. A request for evaluation is made during the period the student is subject to disciplinary measures, the evaluation shall be expedited.

B. Defacing, Injuring or Destroying Intermediate Unit Property

Breaking into, entering, defacing, writing upon, marking or placing any obscene or improper matter upon any IU20 building or defacing, injuring, damaging or destroying any IU20 property shall not be tolerated.

C. Electronic Devices, Beepers and Pagers

The possession by students of beepers, telephones, pagers, cellular phones, and all other electronic communication devices is prohibited on IU20 grounds, at IU20 sponsored activities and on school buses and other vehicles provided by the IU20 policy. Students violating this policy may be suspended up to ten (10) days and referred to proper authorities. Individual exceptions, with an Administrators permission, might be allowed for a student who is a member of volunteer fire company, ambulance, or rescue squad or for a student who has a need for a beeper due to the medical condition of an immediate family member. (All OTHER communication devices? Does this mean a child who uses a Dynavox communication system is prohibited from using it?)

D. False Fire Alarms

Students who turn in false fire alarms any time that school is in session, or when IU20 is open for a school activity, may be suspended for period of up to ten (10) days and referred to proper authorities. The second offense will mean automatic suspension up to ten (10) days and possible referral to Director for expulsion proceedings.

E. Loud, Abrasive and/or Profane Language or Behavior

It is the policy of IU20 to prevent disruptions to its operations and the educational process. All persons, including but not limited to, students, parents, employees, visitors and members of the general public are prohibited from the use of foul, profane and abusive language, whether spoken or written, or a tirade in any manner in IU20 buildings or upon IU20 grounds. This policy will be particularly enforced if language or actions are profoundly loud and/or offensive manner or in a manner observable by other persons. (Again, so they are saying that they WILL discriminate against a child with a disability, should that child yell something loudly? Even if it could be BECAUSE of their disability?)

All persons are therefore warned that violation of this policy may result in removal from IU20 property by appropriate IU20 authorities or other authorities. Students and employees may be subject to disciplinary procedures in accordance with IU20 policies and the laws of Pennsylvania . Members of the public may be subject to removal from IU20 property and may be charged with trespassing for failure to promptly vacate the property.

In all cases, violators may be subject to appropriate laws of the Commonwealth of Pennsylvania .

F. Terroristic Threats/Acts

IU20 recognizes the danger that terroristic threats and acts by students presents the safety and welfare of students, staff and community. IU20 acknowledges the needs for an immediate and effective response to a situation involving such a threat or act.

A terroristic threat shall mean a threat to commit violence communicated with the intent to terrorize another; to cause evacuation of the building; or to cause serious public inconvenience in reckless disregard of the risk of causing such terror or inconvenience.

Terroristic act shall mean an offense against property or involving danger to another person. (Does this same hold true for the student when being physically restrained?)

IU20 prohibits any student from communicating terroristic threats or committing terroristic acts directed at any other student, IU20 employee, Board Member, community member or IU20 property.

The Board directs the Executive Director to react promptly and appropriately to information and knowledge concerning a possible or actual terroristic threat or act.

The Executive Director or Designee shall be responsible for developing administrative procedures to implement this policy.

Where School Districts have their own terroristic threats/acts policy, IU20 staff shall follow the guidelines of the District/building where the class is located. IU20 personnel in other locations will be expected to follow the guidelines listed below.

Staff members and student shall be responsible for informing the building administrator/program supervisor regarding any information or knowledge relevant to a possible or actual terroristic threat or act.

The building administrator/program supervisor shall immediately inform the Executive Director
after receiving a report of such a threat or act.

When an administrator has evidence that a student has made a terroristic threat or committed a terroristic act, the following guidelines shall be applied:

1. The building administrator/program supervisor may recommend suspension of the student, according to state and federal regulations and/or IU20 program guidelines.
2. The building administrator/program supervisor shall promptly report the incident to the Executive Director or Designee.
3. Based on further investigation, the Executive Director or Designee may report the student to law enforcement officials.
4. The Executive Director or Designee may recommend expulsion of the student or placement in an alternative educational program to the IU Board or the student’s district of residence.

If a student is expelled for making terroristic threats or committing terroristic acts, the Board may require, prior to readmission, that the student provide competent and credible evidence that the student does not pose a risk of harm to others.

*In the case of students with disabilities, IU20 will take all steps necessary to comply with the IDEA and follow Board policy. (*Notice this is the ONLY place where this exception is noted under these infractions).*

G. Smoking, Drug and Alcohol Abuse

The use of tobacco and controlled substances is governed by IU20 policy.

A student with a disability who knowingly possesses or uses illegal drugs or solicits the sale of a controlled substance while at school or IU20 function or program may be removed from his or her current placement. This student shall be place in an appropriate interim alternative educational setting for no more than forty-five (45) days.

H. Weapons

A student with a disability who carries a weapon to school or IU20 function or program may be removed from his or her current placement. This student shall be [place in an appropriate interim alternative educational setting for no more than forty-five (45) days.

According to the IDEA, weapons shall be defined as a device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length.

I. Miscellaneous

The following items are of no less importance to the educational and individual development of the exceptional child:

***1. The staff shall take all steps necessary to guard against student self-inflicted injuries. *** (ALL STEPS NECESSARY? What SPECIFICALLY does this permit them to do?)
2. Students leaving the school without proper written permission from the head/contact teacher is prohibited.
3. Illegal absences are prohibited.

Join a coalition or a listserve!

From the PA Education Law Center:

Join VALUE, a coalition of disability advocates currently working on revisions to the Pennsylvania special education regulations. Contact Sallie Lynagh at slynagh@drnpa.org.

If you live in the western part of the State, join monthly meetings of the Western Coalition of Educational Advocates from Allegheny and Westmoreland Counties (e-mail Shari Mamas at the Disability Rights Network at smamas@drnpa.org ).

Join the Pennsylvania Early Intervention Coalition, which advocates on behalf of young children with disabilities. For more information, contact Nancy Hubley at nhubley@elc-pa.org. If you want to be added to the Coalition listserve, email Irene McClendon at mcclendon@elc-pa.org.

To subscribe to ELC's special education listserve, and/or to receive the ELC e-Newsletter, send an e-mail to Irene McClendon at mcclendon@elc-pa.org

Is Your School on Our "List"?

The following schools have been identified or reported as schools that have allegedly over-used or unnecessarily used restraint or seclusion, and/or engaged in other abusive practices. Is your school on the list? Should it be? If so, please email familiesagainstrestraint@yahoo.com with the school name, school district, city, and state. Your contact information will be kept confidential.

Disclaimer: This list is accurate to the best of our knowledge. Please be advised that we have not personally investigated the schools on this list, but have compiled this list from published newspaper articles and/or received reports from parents, advocates, and/or others concerned about the welfare of children. We are not accusing any school or individual of wrongdoing, only reporting "allegations" for informational purposes only.

1. Artman Elementary School (K-3), Hermitage School District, Hermitage, PA
2. Hutchinson Elementary School, Laurel Highlands School District, Uniontown, PA (Restraint and Seclusion)
3. Longstreth Elementary School, Philiadelphia School District, Philadelphia PA (Restraints)
4. Martha Washington Elementary, Philadelphia, PA (Abuse)
5. Northern Potter Children's School, Potter County, PA
6. SummitQuest Academy Ephrata, PA (Residential Facility)

FYI: 2008-2009 Autism Lectures at the Arc of Chester County (from ASCEND)

The Arc of Chester County will be sponsoring a series of lectures at their Chester County office. Lectures are FREE for parents, and cost $50 for professionals. For more information contact Janice at (610) 696-8090. Lectures are as follows:

Autism from the Outside In
October 7, 2008 and March 3, 2009
10:00-12:00 or 7:00-9:00
Review of the characteristics of autism and defines what the world sees in terms of behaviors as a result of this complex disorder. Discussions will explore the realities of families living with autism, and increases the understanding of autism to help families cope with daily challenges.


Successful Daily Living-Strategies and Routines for the Home and Community
November 4, 2008 and April 7, 2009
10:00-12:00 or 7:00-9:00
Review of autism and daily life for families of children with autism with a focus on structured routines and strategies which detail and demonstrate ways for more positive and successful daily living in both the home and community.


Behaviors and Assessment Strategies for Children with Autism December 2, 2008 and May 5, 2009
10:00-12:00 or 7:00-9:00
Explores how we can interpret and understand the causes of behaviors, the effects of reinforcement, and how to plan a response in order to change a child's challenging behaviors into successful outcomes.