Pennsylvania Training and Technical Assistance Network

A Resource Guide for Charter Schools and

Cyber Charter Schools: Managing the Special

Education ProcessTrain-the-Trainer Session

for IUs

June 4, 2012

PaTTAN’s Mission

The mission of the Pennsylvania Training and Technical Assistance

Network (PaTTAN) is to support the efforts and initiatives of the

Bureau of Special Education, and to build the capacity of local

educational agencies to serve students who receive special

education services.

PDE’s Commitment to Least Restrictive Environment (LRE)

Our goal for each child is to ensure Individualized Education Program (IEP) teams begin with the general education setting with the use of Supplementary

Aids and Services before considering a more restrictive environment.

Agenda

4

• Welcome

• Background on Charter Schools and Cyber Charter Schools

• Review of Chapter 711

• Introduction of Resource Guide

• Q&A

Charter School Legislation/Guidance

• Act 22 of 1997– JUNE 12, 1997

• Chapter 711 • BEC-Charter Schools, 24 P.S. Section

17-1701-A

• BEC - Cyber Charter Schools, 24 P.S. Section 17-1741 - A

5

http://www.portal.state.pa.us/portal/server.pt/community/charter_schools/7356

Background• Charter schools and cyber charter schools are

public schools/school entities/LEAs• Charter schools were established in 1997 with

passage of the Charter School Law (PDE website).

• Chapter 711 oversight by PDE rather than State Board

• Chapter 711 adopted June 2001with few PA specific regs– Amended June 2007 effective July 2008

• More closely parallels Chapter 14; no regs re early intervention or Children with disabilities enrolled by parents in private schools

6

Definitions

Charter school• Independent public school

established and operated under a charter from the local board of school directors and in which students are enrolled or attend

• Must be organized as a public, nonprofit corporation. Charters may not be granted to any for-profit entity. 7

§711.1 and §17-1703 A

Definitions

Cyber charter school• An independent public school established and

operated under a charter from the Department • Uses technology to provide a significant

portion of its curriculum and to deliver a significant portion of instruction to its students through the Internet or other electronic means

• Must be organized as a public, nonprofit corporation. Cyber charters may not be granted to any for-profit entity.

8

§711.1 and §17-1703 A

Definitions

Regional charter school• Independent public school established

and operated under a charter from more than one local board of school directors and in which students are enrolled or attend

• Must be organized as a public, nonprofit corporation. Charters may not be granted to any for-profit entity.

9

§711.1 and §17-1703 A

Establishment of Charter Schools

• A charter may be granted for no more than 5 years by a school board. A charter application that is denied can be appealed with a petition signed by 1000 residents or 2% of the residents who are 18 or older of the district or districts granting the charter, whichever is less.

10

§17-1717 A and -1720 A

Establishment of Charter Schools

Existing public schools may be converted to charter schools by having approval of more than 50% of the parents of the children in the school and more than 50% of the teaching staff in the school.

11

§17-1717 A11

Cyber Charter Schools

For each student a cyber charter school must

• Provide all instructional materials• Provide all equipment, including a

computer and printer• Provide or reimburse for all technology/

services necessary for the on-line delivery of curriculum and instruction

12

§17-1743 A12

IU Responsibilities

Charter school may request the IU in which the school is located to provide services to assist school to address needs of exceptional students.IU must assist the charter school and bill for services. • IU may not charge more than it charges the districts of the IU

13

§17-1725 A13

CHAPTER 711: CHARTER SCHOOL AND CYBER CHARTER SCHOOL

SERVICES AND PROGRAMS FOR CHILDREN WITH

DISABILITIES14

Purposes and IntentChapter 711 specifies how PDE will meet its

obligation to ensure that charter schools and cyber charter schools comply with IDEA and Section 504:

• Children with disabilities must have access to the general curriculum, and participate in State and local assessments as established and described in Chapter 4 (relating to academic standards and assessment)

• The Department supports the use of pre-referral intervention strategies, to promote students' success in the general education environment

15

§711.2

Supervision

• PDE provides general supervision of special ed services/programs– IDEA and 504– Compliance monitoring requirements– Corrective action

16

§711.4

Annual Report

• Instead of Special Ed Plan• Must include

– Number students with disabilities• Age• Exceptionality• Level of intervention• Staff certification• Programs available

17

§711.6 and §17-1728A

Annual Report (cont’d)

Must include–Services/programs implemented by school and/or through contracted services–Services/programs utilized through assistance of IU–Staff training in special ed through PDE/IU–Assurance that school in compliance with federal laws/regs and Chapter 711

18

§711.6 and §17-1728A

Enrollment 711.7• Residents of the school district or participating

districts– Nonresident students may also be enrolled with first

preference given to resident students.

• Capacity issues settled by lottery • Discrimination prohibited in admission decisions

– Charter school may limit admission to grade level or area of concentration

– May set reasonable criteria to evaluate prospective student

– disabilities

19

17-1723 A, §711.7

Education Records

• When the records of a child with a disability are transferred from a public/private school or agency to a charter school or cyber charter school the sending school must forward all child’s records (including most recent IEP) within 10 days after notification child enrolled in charter school or cyber charter school

• Same timeline when child transfers from charter school or cyber charter school

• Charter school or cyber charter school must maintain educational records consistent with FERPA

20 §711.8

Payments• District of residence must provide payments

when– Child with IEP begins attending charter school or

cyber charter school– Charter school or cyber charter school has developed

IEP for enrolled student and notifies district of residence

• Charter school or cyber charter school must immediately inform district of residence that payment responsibilities have ceased if student enrolls in another public/private school or private agency

21§711.9 and §17-1725 A

Child Find

• Must establish written policies/procedures to ensure all children with disabilities enrolled in charter school or cyber charter school identified, located, evaluated

• Public awareness activities sufficient to inform parents of children applying to/enrolled in charter school or cyber charter school of special ed services/programs

22

§711.21

Transportation – Regular Charter School

• Districts must provide transportation to students with disabilities to charter school if– School located in district of residence/district is

part of regional school– Distance of school does not exceed 10 miles

• Provision of modifications/accommodations for transportation obligation of charter school

23

.24 P.S. §17-1741-A and §711.42

Transportation—Cyber Charter Schools• Charter School Law does not require

that a student’s school district of residence provide transportation for cyber charter school students.

• If transportation required as a related service in the IEP of a student with disabilities, who is enrolled in a cyber charter school, the cyber charter school must provide the required transportation. 24

§711.42 and 24 P.S. §17-1741-A

Educational Placement

When IEP team places child in another public/private agency or private school and parents choose to keep child enrolled in charter school or cyber charter school, charter school or cyber charter school obligated to pay for that placement.

25

§711.43

Personnel - Caseload

• Caseload provisions are NOT in Chapter 711 – Full-time – Itinerant – Supplemental

• Types of support are NOT in Chapter 711– Learning support– Autistic support– Etc.

26

Parallel Requirements: Ch 14 and 711

General Provisions and Supervision•Personnel

– Instructional paraprofessionals– Personal care assistants– Educational interpreters– Special ed certification

• General ed certification required for 75% teachers

•Complaint procedures

27

Parallel Requirements: Ch 14 and 711

Identification and Evaluation•Screening•Evaluation•Reevaluation•Criteria for Determining Specific Learning Disabilities (SLD)

28

Parallel Requirements: Ch 14 and 711

IEP•Transition•Transfers•ESY•AIM•Positive Behavior Support

29

Parallel Requirements: Ch 14 and 711

Procedural Safeguards•Suspension and Expulsion•Due Process•Pendency

30

SPECIAL EDUCATION FORMS

SAME AS CHAPTER 14

31

A RESOURCE GUIDE FOR CHARTER SCHOOLS AND CYBER CHARTER SCHOOLS: MANAGING THE SPECIAL EDUCATION PROCESS

CHILD IDENTIFICATIONFINDING THOSE WHO MAY BE IN NEED OF SPECIAL EDUCATION

Section 1

Identification

How does a Charter School Identify a Child Who May Need Special Education?

Identification

• Child Find

• Public Notice

• Providing Services for Charter

Schools

Child Find

DETERMINING ELIGIBILITY

Section 2

Identification

When does a child need special education?

Eligibility

• Determining eligibility (the two-pronged criteria)

• Initial screening procedures

• Initial evaluation for special education

• Conducting reevaluations

Reevaluation

• Reevaluations must be conducted every 3 years, for students with an intellectual disability (mental retardation) reevaluations are conducted every 2 years.

• The LEA and the parent may agree to waive a reevaluation. This must be in writing and placed in the child’s scholastic file.

• The reevaluation process must be conducted within 60 calendar days and may or may not require a permission to reevaluate/consent form depending on whether new data is needed.

DETERMINING AN APPROPRIATE SPECIAL EDUCATION PROGRAM

Section 3

IEP Process

How is a child’s special education program determined?

IEP Process

• Right to FAPE• Timelines• Contents of IEP• Transition Planning• Educational Placement• Services to Incarcerated Students

43

Educational Placement

• Amount and types of supports provisions are NOT included in Chapter 711

• Charter Schools/Cyber Charter Schools must ensure a continuum of alternative placements:– Instruction in general classes– Special classes– Special schools– Home instruction– Instruction in hospitals and institutions

RESPONSIBILITIES TO CHILD AND PARENTS

Section 4

Schools’ Responsibilities

What are the schools’ responsibilities to the child and parents?

Schools’ Responsibilities

• High School Graduation• Confidentiality• Materials and Classrooms• Positive Behavior Support• Disciplinary Exclusion• Thought to be Eligible Students

High School Graduation

• Children with disabilities have the right to stay in school through the school year in which they turn 21, or until they graduate with a high school diploma, whichever comes first

• Children with disabilities who satisfactorily complete a special education program developed by the IEP team must be granted and issued a regular high school diploma by the charter school or cyber charter school

Confidentiality

• The Family Educational Rights and Privacy Act of 1974 (FERPA) protects the privacy of student education records

• IDEA contains confidentiality requirements modeled after those in the FERPA

• Only school staff who have educational interests in the child will be permitted to see the child’s educational file

• Schools must have written permission from the parent to release any information from a student’s educational record

DUE PROCESS RIGHTS

Section 5

Resolving Disagreement

What if parents or school officials disagree about a child’s special education program?

Resolving Disagreement

• Due Process• Revocation• Mediation• Special Education Due Process

Hearing• State Complaint Process

Special Education Due Process Hearing

• Parents may request an impartial due process hearing when they have concerns about their child’s program, placement or evaluation

• The charter school or cyber charter school may request a hearing to proceed with an initial evaluation or a reevaluation when a parents fails to respond to the school’s proposed evaluation or reevaluation

COMPLIANCE MONITORING

Section 6

Compliance Monitoring

How can you prepare for compliance monitoring?

Compliance Monitoring

• Components of monitoring

• The monitoring report

• Corrective action and improvement

planning

Compliance Monitoring

• Components of monitoring:– The Facilitated Self Assessment (FSA)– File Review– Parent and Teacher Interview– Student Interviews– Administrative Interview– Classroom Observation– Parent Survey– Teacher Survey

RESOURCES

Section 7

Resources

• Federal and state laws and regulations

• Basic educational circulars

• Question and answer documents

• Special education forms

• Templates for developing charter school policies

• Webinars related to special education programs and

services

• Publications

Contact Information www.pattan.net• Diane Funstendfunsten@pattan.net610/265-7321 x 7270

• Ann Hinkson-Herrmannahinkson-herrmann@pattanpgh.net412/826-2336  ext. 2339

• Kim Jenkinskjenkins@pattan.net800/441-3215 x7206

• Roni Russellrrussell@pattan.net717/541-4960 x 3314

Commonwealth of PennsylvaniaTom Corbett, Governor

Pennsylvania Department of EducationRonald J. Tomalis, Secretary

Carolyn C. Dumaresq, Ed. D., Deputy Secretary

Office of Elementary and Secondary Education

John J. Tommasini, DirectorBureau of Special Education

Patricia Hozella, Assistant DirectorBureau of Special Education