ANNUAL PUBLIC NOTICE OF SPECIAL EDUCATION SERVICES AND
PROGRAMS
It is the responsibility of the
Pennsylvania Department of Education to ensure that all children with
disabilities residing in the Commonwealth, including children with disabilities
attending private schools, regardless of the severity of their disabilities,
and who are in need of special education and related services, are located,
identified, and evaluated. This
responsibility is required by a federal law called the Individuals with Disabilities
Education Act of 2005.
The IDEA ’05 requires each state
educational agency to publish a notice to parents, in newspapers or other
media, before any major identification, location, or evaluation activity. The IDEA “05 requires this notice to contain
certain information. Another federal
law, the Family Educational Rights and Privacy Act of 1974 (FERPA), which
protects confidentiality, requires, educational agencies to notify parents
annually of the confidentiality rights (FERPA regulations were amended in
1996). Pennsylvania special education
regulations require each school district to fulfill the IDEA ’05 notice
requirement by providing an annual public notice for the Bethlehem-Center
School District.
Bethlehem-Center School District
is required by the IDEA ’05 to provide a free and appropriate public education
to children with disabilities who need special education and related
services. (NOTE: The duty to locate, identify, evaluate, and
provide special education services to school are individuals incarcerated in
local correctional institutions rest with the school district within whose
boundaries such an institution is located).
Pennsylvania must adopt state laws, regulations, and/or policies
conforming with IDEA ’05, which the school district must follow. In Pennsylvania, school age children with
any one of the following disabilities who need special education and related
services are identified:
·
Autism/Pervasive
Development Disorder
·
Traumatic
Brain Injury
·
Specific
Learning Disability
·
Multi-handicapped
·
Orthopedic
Impairment
·
Blind/Visual
Impairment
·
Emotional
Disturbance
·
Deafness/Hearing
Impairment
·
Mental
Retardation
·
Other
Health Impairment
·
Speech
and Language Impairment
EARLY INTERVENTION
The IDEA ’05 requires the
provision of a free and appropriate education to children with disabilities
between 3 years of age and the school district’s age of beginners (5). In Pennsylvania, a child between the ages of
3 years and the school district’s age of beginners who has a developmental
delay or one or more of the physical or mental disabilities listed above may be
identified as an “eligible young child”.
Eligible young children are afforded the rights of school age children with disabilities including screening, evaluation, individualized education program planning, and provision of appropriate programs and services. The Pennsylvania Department of Education is responsible for providing programs and services to eligible young children under Act 212 of 1990, The Early Intervention Services Systems Act. The Intermediate Unit 1 provides programs and services to eligible young children on behalf of the Pennsylvania Department of Education. For more information, contact the Intermediate Unit 1 Preschool Program at 1-800-328-6481.
SCREENING
Intermediate Unit 1 and
Bethlehem-Center School District have established and implemented procedures to
locate, identify, and evaluate students and young children suspected of being
exceptional. These procedures include
screening activities which include but are not limited to: review of group based data (cumulative
records, enrollment records, health records, and report cards); hearing
screening (at a minimum of kindergarten, special ungraded classes, first,
second, third, seventh, and eleventh grades); vision screening (every grade
level); motor screening; and speech and language screening. In Bethlehem-Center School District, our
Child Study Team may consider information gathered in this level of screening
to decide to move to the next level of screening activities (instructional
evaluation). Bethlehem-Center School
District conducts at specific times during the school year in designated school
buildings and community sites. Parents,
guardians, and surrogate parents may contact the district to obtain specific
information about the times and locations of screening activities.
Except as indicated above or
otherwise announced publicly, screening activities take place in an ongoing
fashion throughout the school year.
Screening is conducted in the home school district unless other
arrangements are necessary.
The district meets the health
requirement screening as described in Section 1402 of the School Code. The District conducts screening of a child’s
hearing acuity in the following grades:
Kindergarten, 1, 2, 3, 7, 11 and others according to need. Visual acuity is screened in every
grade. Height and weight data are
collected yearly at every grade level.
Visual acuity, hearing acuity, height, weight and BMI screenings are
conducted throughout the school year at the child’s home school. Dental exams are conducted in the spring of
each school year in Kindergarten, Grade 3 and 7 at the respective schools. In the fall of each school year, physicals
are conducted in Kindergarten, Grade 6 and 11 as well as scoliosis screenings
in Grades 6 and 7. TB testing is
completed in the winter months of each school year in Grade 1 and 9.
Kindergarten screening is held in
the spring of each school year at the Elementary Center. Speech and language skills are screened upon
referral from parents and/or professional staff. Gross motor and fine motor skills, academic skills and
social-emotional skills are assessed by classroom teachers on an on-going basis
and referrals are made when needed.
The District will administer
standardized tests to students in Kindergarten through Grade 2. Reports of these tests are provided to
parents each year. The PSSA is
administered at the mandated grade levels of each school year. Other testing occurs on the basis of
individual need. Vocational interest
tests are given in the spring of Grade 9.
Report cards are issued quarterly.
Any parent who has a question about the testing program should contact
the Building Principal.
The District conducts screening of
students at three levels:
Level I: Group based data (Spring of each year)
Terra
Nova—Kindergarten/First Grade/Second Grade
Level II: Sensory, motor, speech and language data
Usually
occurs at Kindergarten registration in early spring
Can
be requested at any time by the parent or staff
Level III: Child Study Team
Student
Assistance Program
At the elementary level, screening
information is used by the Building Principal to address the specific needs of
the student and/or to document the need for further evaluation. If it is determined that the child needs
additional services, a referral to the Child Study Team will be made in an
attempt to keep the child involved with traditional classroom experiences. The Child Study Team provides consultative and
support services to all students, and advises the general education staff
regarding techniques, materials and programs for students experiencing
difficulties in academic, behavioral and social skills. If the child does not make satisfactory
progress, parents/guardians will be asked to give written permission for a
multi-disciplinary evaluation to be conducted.
At the secondary level, the Student Assistance Program
(SAP) reviews screening information. The SAP Team suggests necessary
accommodations be made in the child’s current program and/or if a
multi-disciplinary evaluation is warranted.
EVALUATION
When screening indicates that a student may have a
disability and be in need of specially designed instruction, Bethlehem-Center
School District will seek parental consent to conduct an evaluation. Evaluation
means procedures used in the determination of whether a child has a disability
and the nature and extent of the special education and related services that
the child needs. The term means procedures used selectively with an individual
child and does not mean basic tests administered to or procedures used with all
children.
In Pennsylvania, this evaluation is conducted by a
multidisciplinary team (MDT), which must include at least a school
psychologist, a teacher, and the parents. This process must be conducted in
accordance with specific timelines and must include protection-in-evaluation
procedures. For example, tests, and procedures used as a part of the
multidisciplinary evaluation may not be racially or culturally biased.
The evaluation results are compiled in a written
Evaluation Report. This report states determination about a student’s
eligibility for special education based upon the presence of a disability and
the need for specially designed instruction. The Evaluation Report also makes
recommendations for educational programming. Once parental consent for
evaluation is obtained, Bethlehem-Center School District has timelines and
procedures specified by law, which it must follow.
Parents who think their child may have a disability may request,
at any time, that the school district conduct an evaluation. The request should
be made in writing to the district’s contact person listed at the end of this
document. If the parent makes an oral request for a multidisciplinary
evaluation, the school district shall provide the parent with a form for that
purpose. Child Study Team activities shall not serve as a barrier to the right
of the parent to request, at any time, an evaluation.
Parents also have the right to obtain independent
educational evaluation. This district must provide to parents, on request,
information about where an independent educational evaluation may be obtained.
EDUCATIONAL
PLACEMENT
The determination of whether or not a child has a
disability is made during the evaluation process. A single test or procedure
may not be the sole factor in determining that a child is exceptional. The IEP
Team must include at least two members in addition to the child’s parent. Other
required members include at least one regular education teacher of the child
(if the child is, or may be participating in the regular education
environment), at least one special education teacher, and a representative of
the school district. If the student is eligible for special education, the IEP
(Individualized Education Plan) Team develops a written plan called an IEP. The
IEP shall be based on the results of the evaluation.
An IEP describes a student’s current educational levels,
goals, objectives, and the individualized programs and services that the
student will receive. IEP’s are reviewed on an annual basis. The IEP Team will
make decisions about the type of services, the level of intervention, and the
location of intervention. Types of services include:
·
Learning
Support class
·
Emotional
Support class
·
Blind/Visually
Impaired class
·
Physical
Support class
·
Multiple
Disabilities Support class
·
Life
Skills Support class
·
Deaf/Hearing
Impaired Support class
·
Speech
and Language Support class
·
Autistic
Support class
Level and location of intervention options include:
·
Supportive
intervention in the regular class
·
Supplemental
intervention in the regular class and/or in a resource room
·
Part-time
or full-time special education class in a regular school
·
Part-time
or full-time special education class in a location other than the regular
school
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 to children who
are not disabled.
SERVICES FOR
PROTECTED HANDICAPPED STUDENTS
Students who are not eligible to receive special education
programs and services may qualify as protected handicapped students and
therefore be protected by other federal and state laws intended to prevent
discrimination. The school district must ensure that protected handicapped
students have equal opportunity to participate in school programs and
extracurricular activities to the maximum extent appropriate for each
individual student. In compliance with state and federal law, Bethlehem-Center
School District will provide to each protected handicapped student without
discrimination or cost to the student or family, those related aids, services
or accommodations needed to provide equal opportunity to participate in and
obtain the benefits of the school program and extracurricular activities to the
maximum extent appropriate to the student’s abilities. In order to qualify as a
protected handicapped student the child must be of school age with a physical
or mental disability that substantially limits or prohibits participation in or
access to an aspect of the school program.
These services and protections for “protected handicapped
students” may be distinct from those applicable to exceptional or thought to be
exceptional students. The district or parent may invite an evaluation if they
believe a student is a protected handicapped student. For further information
on the evaluation procedures and provision of services to protected handicapped
students, parent should contact the district’s special education contact person
listed at the end of this document.
CONFIDENTIALITY
Each school district protects the confidentiality of
personally identifiable information regarding its exceptional, thought to be exceptional,
and protected handicapped students (if not protected by IDEA ‘05 or
Pennsylvania’s special-education regulations) in accordance with the Family
Education Rights and Privacy Act of 1974 (FERPA) and other applicable federal
and state laws, policies, and regulations.
Educational records mean those records that are directly
related to the student, including computer media and videotape, which are
maintained by an educational agency or party acting for the agency. Educational
agency, for purposes of this notice, means the local school district and/or
Intermediate Unit. For all students, the educational agency maintains education
records that include, but are not limited to:
• Personally identifiable information--confidential
information that includes, but is not limited to, the student’s name, name of
parents and other family members, the address of the student or student’s
family, and personal information or personal characteristics which would make
the student’s identity easily traceable.
• Directory information--information contained in the
educational record of a student which would not generally be considered to be
harmful or an invasion of privacy if disclosed. It includes, but is not limited
to, the student’s name, address, telephone number, date and place of birth,
major field of study, participation in officially recognized activities and
sports, weight and height of members of athletic teams, dates of attendance,
degrees and awards received, and the most recent previous educational agency or
institution attended.
The Family Educational Rights and Privacy Act (FERPA)
affords parents and students over the age of 18 (eligible students) certain
rights with respect to the student’s education records. They are:
I. Parents have
the right to inspect and review a child’s educational record. The school
district will comply with the request to inspect and review education records
without unnecessary delay and before any meetings regarding an IEP or any due
process hearing, but in no case more than 45 days after the request has been
made. Requests should be submitted in writing to the school principal or other
school official indicating the records the parent wishes to inspect. Parents
have a right to a response from the school district to reasonable request for
explanations and interpretations of the records. While the district cannot
charge a fee to search for or to retrieve information, it may charge a copying
fee as long as it does not effectively prevent the parents from exercising
their right to inspect and review their child’s record. Parents have the right
to appoint a representative to inspect and review their child’s records. If any
education record contains information on more than one child, the parents have
the right only to inspect and review the information related to their child.
2. If parents think information in an education record is
inaccurate, misleading, or violates the privacy or other rights of their child,
they may request amendment of the record. Requests should be in writing and
clearly identify the part of the record they want changed, and specify why it
is inaccurate or misleading. The school district will decide whether or not to
amend the record and will notify the parents in writing of its decision. If the
school district refuses to amend a record, it will notify the parents of their
right to a hearing procedure will be provided to the parents or eligible
student when notified of the right to a hearing.
Bethlehem-Center School District will inform parents when
personally identifiable information is no longer needed to provide educational
services to the child. Such information must be destroyed at the request of the
parent. Parents have a right to receive a copy of the material to be destroyed.
However, a permanent record of the student’s name, address, and telephone
number, his/her grades, attendance record, classes attended, grade level
completed, and year completed may be maintained without time limitations.
“Destruction” of records means physical destruction or removal of personal
identifiers from information so that the information is no longer personally
identifiable.
Bethlehem-Center School District will provide, upon
request, a listing of the types and locations of educational records
maintained, the school officials responsible for these records, and the school
personnel authorized to see personally identifiable information. Such personnel
receive training and instruction regarding confidentiality. The school district
keeps a record of parties obtaining access to education records, including name
of the party, the date access was given, and the purpose for which the party is
authorized to use the records.
3. Parents have
the right to consent to disclosures of personally identifiable information
contained in a student’s education records, except to the extent that FERPA
authorizes disclosure without consent. “Consent” means the parent has been
fully informed regarding the activity requiring consent, in their native
language or other mode of communication; they understand and agree in writing
to the activity; and they understand that consent to school officials with
legitimate educational interest. A school official is a person employed by the
district as an administrator, supervisor, instructor, or support staff member
(including health and medical staff and law enforcement unit personnel): person
or company with whom the District has contracted to perform a special tasks
(such as attorney, auditor, medical consultant, or therapist, etc.) or a parent
or student serving on an official committee, such as disciplinary or grievance
committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs
to review an educational record in order to fulfill his/her professional
responsibility. Directory information may be released without parent consent.
Parents have the right to refuse to let an agency designate any or all of the
above information as directory information.
Upon request, the District discloses education records
without consent to officials of another district in which a student seeks or
intends to enroll.
4. Parents have a right to file a complaint with the U.S.
Department of Education concerning alleged failures by the District to comply
with the requirements of FERPA. Complaints may be filed with the Family Policy
Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W.,
Washington, D.C., 20202-4605.
MODE OF
COMMUNICATION
The content of this notice has been written in simple,
straightforward language. If a person does not understand any of this notice,
he/she should contact Bethlehem-Center School District and request an
explanation.
Bethlehem-Center School District will arrange for an
interpreter for parents with limited English proficiency. If a parent is deaf
or blind or has no written language, the school district will arrange for
communication of this notice in the mode normally used by the parent (e.g. sign
language, Braille, or oral communication).
SPECIAL EDUCATION
CONTACT
Bethlehem-Center School District
School Psychologist/Supervisor of
Pupil Personnel
179 Crawford Road
Fredericktown, PA 15333
724/267-4940
TITLE IX AND SECTION
504 COMPLIANCE PROCEDURES
The Bethlehem-Center School District makes every effort to
comply with Title IX and Section 504. Should there be a complaint in either of
these areas, the District has named Dr. Christine Winiarski as the Title IX and
Section 504 Compliance Officer. Dr. Winiarski can be reached at the
District at 724/267-4940 to complete and file a Title IX and Section 504
Grievance Procedure form.