Frequently Asked Questions (FAQs) PLEASE NOTE: If you have questions about your contract or an issue in your local association, you should contact your local association president first, and then your PSEA-NEA UniServ representative. Click here for their contact information. Here you will find many of the questions that members ask frequently. Check the dropdown list for categories of questions or use the search feature. If you don’t find the question/answer you need, please click here to pass it along to us. About PSEA About this site Act 48 Assaults Dispensing Medication Employee Rights ESEA Gifted/Special Education Health-Care PSEA Legal Policy Liability Insurance Meetings with Employer Organize Now Personal Legal Policy Teacher Certification & Preparation ---Please Select---

Gifted/Special Education

Course Grading - Are IEP students expected to master the same curricula and learning outcomes as the other students in the class?

Not necessarily. The IEP team determines at least annually the goals and objectives for the student. The IEP team may determine that the student will be measured on the same standards as the other students or chose some other assessment criteria that would require the mastery of fewer concepts. The decision concerning the standards of measurement can vary but must be based on the student’s disability and the impact that disability has on his/her ability to learn.

Course Grading - Are students with IEPs graded the same way as classmates who don’t have IEPs?

Not necessarily. The way an IEP student is graded is a decision for the IEP team to make. Its judgment will be based on the goals and objectives set forth in the student’s IEP which reflects the learning needs and abilities of the student. If there is no indication on the IEP that modified grading is to be used, then the teacher should assume that the student is to be graded like all other students in the class. A note of caution: the IEP team should give this area considerable thought and develop very specific language for the IEP.

Course Grading - Can the report card indicate that the student has been graded differently?

Yes. A course may be noted on a report card as "modified curriculum" or "modified content" when the learning outcomes are specifically altered to accommodate the special education student’s learning needs.

What is PSEA?

PSEA is a dynamic, democratic organization committed to advancing public education for all students, and fostering the dignity and worth of its members through collective action.

How large is PSEA?

Advocating for excellence in education since 1852, PSEA now represents more than 166,000 teachers, educational support personnel, counselors, administrators, curriculum specialists, librarians, healthcare workers, school dental hygienists, school nurses, school psychologists, school social workers, vocational-technical instructors, community college and junior college facilities, students and retirees.

What do PSEA and its members do?

PSEA, at the local level, is working to improve public education within your community. As such, they play many roles, from teacher to counselor, or even political activist. Many are actively involved in PTA groups as well. At the regional level, PSEA member representatives come together to solve community issues. They also work to define state-wide issues as well. PSEA delivers many public service messages, broadcast via radio and television, each year. They also conduct research studies annually to study the effectiveness of new and mainstream educational programs.

Where is PSEA located?

PSEA has 13 regional centers across the Commonwealth. Organization headquarters are located in Harrisburg, Pennsylvania, directly across from the state Capitol building. The address for PSEA headquarters is: 400 North Third Street, Harrisburg, PA, 17105-1724.

Who is eligible to join PSEA?

PSEA is open to all public school system employees working within the Commonwealth of Pennsylvania. Our members are represented by the following professions: teachers, education support professionals, counselors, administrators, curriculum specialists, librarians, support personnel, healthcare workers, school dental hygienists, school nurses, school psychologists, school social workers, vocational-technical instructors, community college and junior college facilities, students and retirees. For membership information, write to: PSEA, Membership Department, 400 North Third Street, Harrisburg, PA, 17105-1724.

What is PSEA Interactive?

The new PSEA Interactive website, launched in September 2002, is a step forward in recognizing that members sometimes need information and advice on the spur of the moment outside the normal workday. It’s part of PSEA’s commitment to its role: Leadership for Public Education.

What is the Pennsylvania Alternative Certification Program?

The Pennsylvania Department of Education has announced the adoption of a new alternate route to certification for people seeking to enter teaching without going through the traditional process. Alternative route programs are used principally to provide career options to people with strong content background in an area for which a certification exists. They can be useful because they offer an opportunity to increase the supply of certificated educators (usually teachers), attract an additional rich resource of intellectual, academic and motivated talent to education and provide an opportunity for those who suffer through corporate or military downsizing to enter teaching. Many states use these programs to target underserved populations, particularly those in urban and rural areas and, in the case of New Jersey, to eliminate per diem emergencies.

What is the PLRB/NLRB?

The letters PLRB stand for Pennsylvania Labor Relations Board and NLRB for National Labor Relations Board, neutral agencies responsible for regulating bargaining agent election procedures (as well as other employment concerns) for public or private employees.

What is the purpose of signing an authorization card?

Before the PLRB/NLRB can conduct an election, there must be a sufficient showing of interest by the employees who will be affected. That interest is demonstrated in the collection of authorization cards. The cards are seen only by you, your union representative, and the PLRB/NLRB representative. Your employer will never see or have access to the cards.

How does the election process work?

The PLRB/NLRB schedules a secret ballot election after it has determined that enough authorization cards have been submitted. On election day, a simple majority of those present and voting determines whether you will have union representation.

Can I get in trouble or be fired for supporting the union?

The laws governing eligible employees in these matters (both state and federal) protect you from such retaliatory behavior. If, however, your employer ignores the law and fires or harasses you for your organizing activities, PSEA will provide you with legal protection.

Is PSEA the best choice?

PSEA is the largest and fastest growing organization for school employees in the state. PSEA stands behind its members by negotiating excellent contracts and providing outstanding service. No other union exclusively serves the interests of those who work in the Commonwealth schools.

What can I do to help?

Talk with a PSEA representative and sign an authorization card. Then, encourage your co-workers to sign and vote for representation by PSEA.

What do I do if I’m called into a disciplinary meeting with my supervisor?

If you believe at any time that the meeting might result in disciplinary action, you are entitled to have a PSEA representative with you. If called before a supervisor, make it clear that you want a union representative with you.

What if I’m not sure if the meeting is for disciplinary purposes?

You should ask your supervisor the nature of the meeting and whether union representation is needed.

What types of actions would result in my right to union representation at a meeting with my supervisor?

An employee is entitled to union representation at any meeting or investigatory interview that you reasonably expect could resolve unsatisfactory evaluations or ratings, discipline or dismissal. An example of an investigatory interview is where a teacher is alleged to have started “rumors” that the district failed to comply with state education regulations and was asked about those rumors in an “adversarial manner” by school officials.

Do I always have a right to union representation?

The courts have ruled that you have no right to union representation when a meeting occurs to simply inform you of or impose discipline, once an employer has reached a decision to impose discipline.

How do I respond if I’m called to a disciplinary meeting?

You should not make spontaneous replies to any charges. You should request an adjournment of the meeting in order to seek representation by your local association or by a PSEA staff person.

What if my request for an adjournment is denied?

You should attend the meeting but indicate that you are willing to respond to the questions when you are properly represented and politely refuse to answer any questions until that time.

What if I’m asked to respond to a charge in writing?

Do not submit to any administrator or board member any written statement that has not been reviewed by your PSEA-NEA UniServ representative.

What do I do if I am asked to resign?

Do not submit a resignation without first consulting with your PSEA-NEA UniServ representative.

What if I’m offered a proposal by an administrator or board member?

Do not agree to any such proposal without discussing it first with your local association president or PSEA-NEA UniServ rep.

Should I discuss the issue with a news reporter or others in the public?

You are advised not to discuss the issue with reporters or anyone else without first consulting with your local association president or PSEA-NEA UniServ rep.

What do I do if I’m assaulted by a student or a parent?

Try to avoid responding physically. If you have to respond physically to defend yourself or others, you should use reasonable force given the attacker’s age, size and ability to inflict injury.

What do I do with my class if an assault occurs?

Be sure that the situation is stable and that a qualified individual assumes supervisory responsibility for your students.

What else should I do if an assault occurs?

Contact the school nurse if necessary, and immediately identify and record the names, addresses and phone numbers of all witnesses, location, time of the incident and the facts surrounding the incident. And call the appropriate PSEA office to request assistance.

Who else should be contacted?

Immediately report the incident to the school administrator.

What do I do if I’m injured by the attack?

You should ask for medical diagnosis and treatment immediately. If refused, request that the association assist you in obtaining immediate sick leave and go immediately to your own doctor for an examination. The doctor should know and understand that this is important evidence. Color photos of the injury should be taken.

What should the school district do?

You should insist that the school district document the attack, and you should get a copy of the district’s report and reserve the right to correct or add to the report.

What about contacting law enforcement authorities?

With the assistance of your local association representative, you should insist that the administration contact the police immediately. If refused, with the assistance of the association, you should contact the police. An accurate report should be filed and you should obtain a copy of the report.

What about filing charges against the attacker?

After consulting with your PSEA attorney (contacted through your nearest PSEA region field office), you will determine whether to file charges.

What if the attacker threatens to file counter charges?

In any situation that might result in counter charges, you should not make any statements without contacting and consulting with your PSEA-NEA UniServ representative or PSEA attorney.

What if criminal charges are filed against me?

Remain silent when questioned by police until an attorney is consulted. Assert your right to have an attorney present.

Anything else that I should do?

Report any altercation or similar situation to your PSEA-NEA UniServ representative so that your PSEA-NEA liability insurance (Educators Employment Liability Policy) is activated.

What if my glasses or other personal property are broken?

First consult your collective bargaining contract for any rules, regulations or benefits which might apply. Then contact your PSEA-NEA UniServ representative about coverage under the PSEA-NEA liability insurance (Educators Employment Liability Policy). The policy covers up to $500 in damages to your property as a result of an assault.

Am I eligible for PSEA legal services?

Yes, if you are currently an active, reserve, or life member of PSEA and were a member during the preceding year when the problem arose. If you were not eligible for such membership last year or at the time when the problem arose, the membership requirement will be waived.

What if I am suspended or dismissed?

If you are suspended or dismissed, you must maintain your membership in the appropriate category during the period of suspension or dismissal. The appropriate category will depend on your employment status. Your UniServ Representative can advise you to the appropriate membership category.

Can I obtain legal advice from this program?

Yes, but there are certain conditions. You must use a PSEA attorney and your problem must be employment-related. (For non-employment related problems, see PSEA’s Personal Legal Services Program.)

What do I have to pay for this advice?

Nothing. It is free as a benefit of your membership.

How do I go about getting advice?

Contact your PSEA-NEA UniServ representative, who will transmit your question to a PSEA attorney.

What about having an attorney represent me?

The program entitles you to such representation. But again, you must use a PSEA attorney and permit the attorney to handle the case in the manner deemed best. While your relationship with your PSEA-funded lawyer is very similar to a private lawyer/client relationship, there are differences. These differences will be explained to you.

Does that mean I can get an attorney to handle any case for me?

No. Your problem must be employment-related and must be approved for funding by PSEA’s General Counsel. (For non-employment related problems, see PSEA’s Personal Legal Services Program.)

How do I get this service?

Contact your PSEA-NEA UniServ representative, who will supply you with an Application for Legal Assistance.

How long does it take before I know whether the application is approved?

A maximum of four weeks.

What if it is rejected?

You have a right of appeal. An appeal form will be mailed to you if your application is rejected.

How much does it cost?

It is without cost.

Is there any maximum PSEA contribution?

No. Once PSEA agrees to support the case, there is no maximum limit. PSEA often has spent thousands of dollars to defend a member.

Does that mean that once my case is approved for funding that I am automatically entitled to representation up to the Pennsylvania Supreme Court, if necessary?

No. Every case will be reviewed for funding before it proceeds to the next stage.

Must I fill out another application?

No.

Do I have to reimburse PSEA for legal services?

Not where you recover back pay, as where you were improperly demoted, dismissed or furloughed. Where you are going after damages or some other form of remedy, PSEA reserves the right to seek reimbursement.

If I have other questions, whom do I contact?

Contact your PSEA-NEA UniServ representative.

Who is eligible to participate in the PSEA Personal Legal Services Program?

All PSEA members and members of affiliates of PSEA, including members of their immediate families.

What is the advantage of using the PSEA Personal Legal Services Program?

You will save 30 percent off the normal fees charged by the program attorneys. Additionally, you can have up to two free 30-minute consultations with an attorney each year.

What types of legal cases are covered?

Just about any personal legal need that is not employment related. For instance, preparing a will, buying or selling a home, settling an estate, filing for personal bankruptcy, and obtaining a divorce. Business dealings, business bankruptcy and defense of criminal violations are not covered.

Who selects the attorneys?

PSEA has negotiated with attorneys across the state to perform these discounted services for members. Many of the attorneys also represent PSEA and members through the PSEA Legal Services Program.

How do I contact an attorney participating in the PSEA Personal Legal Services Program?

Call your nearest PSEA region field office. Staff in that office will verify your membership and put you in touch with the nearest participating attorney or mediator.

IMPORTANT NOTE:

These answers are offered as a guide to the coverage of the PSEA-NEA Educators Employment Liability Policy. They are not a substitute to the formal policy. Please refer to the Educators Employment Liability Policy for complete information on your coverage. Also, please discuss any questions with your PSEA-NEA UniServ representative.

Who is covered by the PSEA-NEA EEL Policy?

EEL Policy is available to PSEA-NEA members, including teachers and other professionals, educational support personnel, student teachers, retired members and substitute teachers.

Is the EEL Policy available to agency feepayers?

No. You must be a member of PSEA-NEA.

What types of cases are covered by the EEL Policy?

Claims filed as against you in your role as an education employee, including charges filed against you as a result of corporal punishment. Examples of the civil matters that education employees face may include sexual harassment lawsuits and lawsuits resulting from injuries to students. These injuries are often sustained on the playground or in shop or Vo-Tech classes. School employees often find themselves involved in civil rights suits when a student or parent claims that the student's civil rights have been violated - many times not by the school employee himself but rather by other students. The lawsuit then claims that the school employee was negligent in letting this harassment occur or continue to occur. Violations of students' I.E.P.s, the ADA and/or IDEA, and accusations of breach of student confidentiality are also examples of civil rights lawsuits that teachers often face.

Are school administrators covered by the EEL Policy?

Yes, if they are PSEA-NEA members.

I teach at a private school. Does the EEL Policy cover me?

Yes, if you are a PSEA-NEA member.

I work at a charter school. Does the EEL Policy cover me?

Yes, if you are a PSEA-NEA member.

I’m a driver ed instructor? Does the EEL Policy cover me?

A driver training instructor is covered while riding as a passenger in the course of educational employment activities.

I’m a School Nurse. Does the EEL Policy cover me?

Yes. The policy also covers members who are Dental Hygientists, Physical Therapists, Occupational Therapists, Nursing Educators and Athletic Trainers.

If I am charged with violating the civil rights of a student, does the EEL Policy cover me?

The EEL Policy covers claims against members alleging a violation of any person’s civil rights, including alleged violations of the Americans With Disabilities Act and similar state and federal laws. The EEL policy provides coverage up to $300,000 in civil rights cases.

Am I covered if criminal charges are brought as a result of my employment activities?

The EEL policy provides for reimbursement up to $35,000 for legal fees involved in defending a member against criminal proceedings arising from your educational employment, as long as the member is found not guilty. That not-guilty provision does not apply to proceedings resulting from corporal punishment. Note that PSEA’s Legal Services Policy provides $2,500 in up-front money for members charged with covered criminal proceedings. These PSEA funds need not be reimbursed if the member is found guilty.

Am I covered if I am assaulted while doing my job?

The EEL Policy will pay a member up to $500 for damage to the member’s personal property (vehicles excluded) that is damaged as a result of an assault on the member while performing his or her work related duties.

Why did you change from the original website?

One of the primary goals of PSEA’s website is to help you find information during those formerly non-traditional work hours. While PSEA staff has always worked round-the-clock to help members with their problems or challenges, our office switchboards normally are open only from 8 a.m. to 5 p.m. five days a week, excluding holidays. The website is a step forward in recognizing that members sometimes need information and advice on the spur of the moment, outside the normal workday.

How do I make suggestions for content?

We want your reactions and suggestions on how we can make the site work for you. Beth Schwartz, a member of the Communications-Organizing-Marketing Team, is PSEA’s web content editor. She’s eager to hear from you: Eschwartz@psea.org.

Why do Registered Nurses (RNs) need collective bargaining?

Most importantly, the written agreement which is reached as a result of collective bargaining is a legally enforceable contract.   The contract contains a judicial system – the grievance procedure – which both assures legal compliance and establishes a means for resolving disputes and regarding contract interpretation or application.  Many contracts also establish other methods of communication in health care facilities – such as labor/management meetings and nurse practice committees.  HealthCare-PSEA believes that RN’s deserve to have an effective means for influencing all aspects of health care decision making.  Collective bargaining is one very effective way for RN’s to exert their influence.

Is collective bargaining consistent with professionalism?

Yes, it is.  RNs, teachers, doctors, engineers, pilots and many other professionals have been engaged in collective bargaining for many years.  They bargain not only to improve their wages and working conditions, but to gain a more effective degree of control over the practice of their profession.  With collective bargaining, RN’s for example, no longer find it necessary to choose to leave a place of employment or to leave nursing because the quality of nursing is poor.  Bargaining is a means to implement mutually satisfactory changes in both the “bread and butter” and the nurse practice issues of their profession.

Why aren’t more RNs involved in collective bargaining?

Some RNs are fearful that organizing and acting collectively will jeopardize their jobs. The fact is, however, that all non-supervisory employees are protected by federal and state laws when they organize or engage in other concerted activity for the purposes of “mutual aid or protection.”  Some RNs aren’t involved because they are uncomfortable with the idea and process of collective activity; preferring individualism instead. Others are not involved because of opposition on moral or religious grounds. Yet, others are not involved because they don’t have the time or the money. But, the fact is that collective bargaining does not work without involvement. Without involvement there is no power, and without power, there is no bargaining.

What procedural steps must be taken in order for employees to obtain the right to bargain with their employer?

Generally, there are four procedural steps: Authorization of Representative/showing of interest; determination of an appropriate unit for bargaining; election; and certification of the representative. Before one can move from one step to another, a substantial number of employees must want to organize. If the group does want to organize, then the following steps must be taken: STEP 1 – The federal labor law requires that at least 30% of the group who want to organize must formally indicate they want HealthCare-PSEA as their representative. This is done by signing an Authorization of Bargaining Rights card. However, in order to win an election, it is recommended that a minimum of 60% cards must be signed. STEP 2 – A petition, along with the original authorization cards, are filed with the Regional Labor Board seeking an election. The board then decides two questions: a) whether or not the group is an appropriate unit for bargaining; and b) whether or not the petition is supported by a “showing of interest” – at least 30% of the unit’s members. STEP 3 – A secret ballot election is conducted by the Board to determine if a majority of the group wants to be represented by HealthCare-PSEA. STEP 4 – If a majority of the group votes for HealthCare-PSEA (50% + 1), the Board officially certifies HealthCare-PSEA and requires the employer to bargain in “good faith.”

If employees sign an authorization or bargaining rights card, will their names be disclosed to the employer?

These forms are confidential between the employee and HealthCare-PSEA, and are only used as evidence to prove HealthCare-PSEA has a “showing of interest” (as required by the Labor Board).

How much time does it take to organize, hold an election, and negotiate a contract?

There is no standard answer to this question because every campaign is different. The best general guideline is that the larger the percentage of nurses within a unit who want to organize (i.e., sign cards) and bargain collectively, the faster the process of conducting an election and negotiating a contract. Conversely, the lower the percentage, the greater likelihood the employer will attempt to delay the process at each step.

How does ESEA affect paraprofessionals?

If you work in an instructional support role in a Title I program and were hired as such prior to Jan. 1, 2002, you must achieve the designation of “highly qualified” to support teaching in reading and math by the year 2006. All such paraprofessionals hired after that date must be “highly qualified” at the time of hiring.

Who is a paraprofessional?

A paraprofessional for the purposes of ESEA is an assistant who works with a certificated educator in an instructional support role. Your title might also be instructional aide, or education aide, or some other designation.

What is an instructional support role?

It is a role of supporting the classroom teacher or other certificated educators by reinforcing, reviewing or tutoring students in subject areas that have been taught by the certificated educator.

What types of paraprofessionals are not covered by ESEA?

Any assistant, paraprofessional or aide who is not in a role of instructional support is not directly affected by ESEA. These could include bus, playground, office, clerical, library or health aides or the like.

What does Title I have to do with the requirements under ESEA?

The requirements for instructional aides or instructional paraprofessionals to become “highly qualified” by 2006 is tied directly to those districts, buildings or classrooms which are supported by Title I funds.

What does supported by Title I funds mean?

There are two ways that districts can receive Title I funds: (1) district-wide funding, or (2) targeted funding. If a district receives district-wide funding, that district receives its Title I funds for programs that occur throughout the district. If a district receives targeted funds, it receives Title I funds directed to a specified building or to a specified Title I program in a building.

What types of funding—district-wide or targeted—determines who needs to be certified as highly qualified?

Both. Paraprofessionals in classrooms funded by Title I are covered, as are all instructional paraprofessionals in buildings designated as Title I buildings and all instructional paraprofessionals in districts designated as Title I districts.

What is “highly qualified” and who determines it?

You must begin by having a high school diploma or equivalency. The federal law says that if you have a two-year associate’s degree or a four-year bachelor’s degree you are deemed “highly qualified.” You also will qualify if you have two years of higher education, but have not attained a degree. The Pennsylvania Department of Education is responsible for determining how to attain a “highly qualified” status if you do not have either a degree or two years of college.

What are PSEA and ESP doing to help?

We are working with the Department of Education (PDE) to ensure that affected members have a variety of options to achieve their “highly qualified” certification. We have written a program of certification and are seeking approval of the program from PDE. Our program will include workshops and other opportunities of studies. Instead of a paper and pencil test, we are recommending that members create a portfolio that contains proof that they have completed the course of study.

What would the portfolio approach include?

As a substitute for the college credit, the ESP Portfolio Program could include workshops, in-service programs, intermediate unit courses, and other opportunities. Those areas might include reading, writing, and mathematics, or instruction on such subjects as the IDEA, ADA and IEPs. You must have a high school diploma or a GED certificate. If you do not, you will need to attain one to complete the portfolio process.

Where can I get the ESP Portfolio Program?

It will be sent to all members who have checked off on their membership form that they are “paraprofessional.” We also will be surveying all members who checked off “aide” to see if they wish to receive the portfolio. As soon as we receive approval from the Department of Education, the portfolio will be sent to all paraprofessional members.

If I’m an instructional aide but not in a Title I building or district, do I need to do anything?

The narrow answer is no. But, we believe that all instructional paraprofessionals or instructional aides should work toward the “highly qualified” status so that your seniority and salary rights are protected. You could be affected in the case of layoffs if you do not have the “highly qualified” status and would need to move into a Title I position. We also expect that salary schedules will begin to recognize the higher certification requirements and might exclude instructional aides who do not have the “highly qualified’ designation.

What are the new requirements for paraprofessional qualifications?

Under the new ESEA law, paraeducators whose positions are supported with Title I funds and hired after January 8, 2002, will need to fulfill one of these three requirements: completion of at least 2 years of study at an institution of higher education; or obtaining an associate’s (or higher) degree; or meeting a rigorous state or local assessment that demonstrates their knowledge of and ability to assist in instructing reading, writing and mathematics.

How does the law apply to paraprofessionals already working in schools?

Paraeducators hired before January 8, 2002, and working in programs supported with Title I funds have until January 8, 2006, to fulfill one of the three requirements.

Who is excluded from meeting the education requirement?

The requirement does not apply to paraprofessionals who act primarily as translators or are involved solely in conducting parental involvement activities. However, all Title I paraprofessionals must have a high school diploma or its recognized equivalent.

Who pays for professional development or education courses?

Under the law, any educational agency receiving Title I funds may use them to support ongoing training and professional development that helps paraprofessionals to satisfy the education requirements.

How does the law impact the work that paraprofessionals do with children?

The law states that paraprofessionals working in a program supported with Title I funds may be assigned to: provide one-on-one tutoring (scheduled at a time during the instructional day other than when regular instruction is given), assist with classroom management (such as organizing instructional and other materials), assist in a computer lab, conduct parental involvement activities, provide support in a library or media center, and act as a translator. Title I paraprofessionals may perform certain functions outside of those listed above for the benefit of all students, such as lunch room, playground, or study hall monitoring. However, the portion of their time they spend on these general duties may not exceed that of non-Title I paraprofessionals at the same school.

What activities are prohibited for paraprofessionals under this law?

Paraprofessionals working in programs supported with Title I funds may not provide instructional services to students unless they are under the direct supervision of a teacher.

What does this law mean for NEA’s Education Support Professional local associations?

ESEA 2001 gives ESPs an opportunity to establish quality professional development/training programs to meet the requirements of the new law, and to develop the state and local assessment standards for paraprofessionals. This is a time to lobby for increased funding for professional development and training for paraprofessionals, and to work together with classroom teachers, administrators and superintendents to help ensure paraprofessionals’ continued success in working with our children.

Course Grading - Does marking a report card to show a modified curriculum violate the student's right to privacy?

No. The purpose of the report card is to communicate with the family.  Family members should be award of the disability, the IEP and the modifications that have been made to accommodate the disability.

Course Grading - Can a listing be distributed to teachers indicating that certain students have been given modified grades?

Yes.  The purpose of such a list is to communicate with teachers who have an educational interest or a "need to know."  It is inappropriate, however, to distribute this list to those who have no professional reason to have this information.

Course Grading - Can special education students make the Honor Roll?

Certainly.  The attainment of scholastic honors should be available to all students based on the same set of criteria; and if the criterion applied is simply the grade received without respect to the nature and level of difficulty of the course, then a grade achieved in any course in the same subject by any student should be considered equal.

Course Grading - Are graduation requirements the same for the IEP students as they are for all others?

They can be.  Graduation requirements must be addressed by the IEP team.  Three years before graduation, the IEP team (including the student) must design an education program the successful completion of which will achieve the stipulated graduation requirements.  The team will decide if there are requirements to be modified or if the student will meet the same graduation criteria as other non-IEP classmates.

Course Grading - Can special education students receive a regular diploma?

Students with disabilities who have satisfied their IEP or the standard education graduation requirements established by the school board are entitled to receive the same diploma as regular education students.

Course Grading - Can special education students participate in graduation activities?

Yes.  Students with disabilities who meet the graduation criteria as per the IEP are entitled to participate in the district's main graduation ceremony.

Course Grading - Can a student receive a diploma and then reinstitute his/her educational rights until the age of 21?

No.  Graduation curtails the district's educational responsibilities to the student even if he/she has not reached the age of 21.

Course Grading - Can a transcript show that a student has had modified instruction or grading (i.e. and IEP)?

The school may not release information to a potential employer or educational institution regarding the student's IEP without the consent of the parents and/or the student.  To do so would violate the student's right to privacy and may prejudice the employer or school.  However, if the parents/student give their permission to release the information, OCR advises the transcript may indicate the student has taken a special education course.

PSSA and Special Education - Where did the PSSA (Pennsylvania State Student Assessment) originate?

It is part of Chapter 4 of Title 22, Curriculum, and is designed to provide information to the general public on school performance.  Currently the PSSA includes testing on mathematics, reading and writing.  The Pennsylvania Department of Education hopes to develop testing on social studies and science in the near future.  Different parts of the test are administered to students in grades 5, 8, and 11.

PSSA and Special Education - Has the PSSA always been tied to school district “empowerment?”

No, only with the passage of Act 16, the Education Empowerment Act, in May 2000, PSSA scores became intricately tied to the naming academically distressed school districts as empowered districts, which while giving such districts more money, can result in the loss of school board control and some teacher rights.

PSSA and Special Education - Must every IEP student take the PSSA?

Every student must take a statewide assessment according to IDEA ‘97.  However each IEP team will determine if the student will take: (1) the PSSA as designed; (2) the PSSA with approved modifications; or (3) the Pennsylvania Alternate Student Assessment (PASA).  This decision must be made during the annual IEP review/development meeting by the IEP team.  Every student must take one of these three options of statewide assessment.

PSSA and Special Education - Won't having IEP scores included increase the likelihood of district scores falling into the bottom quartile and thus being declared "empowered?"

Well, possibly but not necessarily.  Although it seems reasonable to predict that some cognitively impaired IEP students will not do well on the PSSA, one should not assume all IEP students will do poorly on the test.  In fact, the need to increase student expectations is the main reason IDEA includes statewide assessment for all IEP students.

PSSA and Special Education - Where in IDEA are IEP teams given the authority to exempt students from the PSSA?

Although IDEA indicates clearly that IEP students are to be included (1) in the general curriculum as appropriate, and (2) in statewide and district wide assessments, Section 614 (d.II) gives the IEP teams authority to exempt students from the specific statewide assessment. “If the IEP Team determines that the child will not participate in a particular State or districtwide assessment of student achievement (or part of such an assessment), a statement of why that assessment is not appropriate for the child; and how the child will be asssessed” must be included.

PSSA and Special Education - Do Chapter 14 and/or Chapter 342 address the issue of statewide assessments?

No, not at this time.  However, it is expected that the revised Chapter 14 will address the issue of statewide assessments.

PSSA and Special Education - What kind of modifications are approved and by whom?

The intent of providing an accommodation/modification is to ensure that the IEP student is not put at a disadvantage in the testing situation.  However, accommodations should not provide the student with an unfair advantage either.  The types of accommodations/modifications to consider would be changes or additions made to the testing environment, to the way a student responds to the test, or to the way the test is presented.  For example, presenting in sign language, allowing student to answer questions orally, increasing test time, use of preferential seating, allowing augmentative devices, etc.  The testing situation should be an extension of the instructional setting as defined by the student’s IEP.

PSSA and Special Education - What is the PASA?

Pennsylvania Alternate Student Assessment.  This test was developed by a workgroup chaired by Dr. Naomi Zigmond, University of Pittsburgh.  It was piloted during 1999-2000 school year, and will be ready for district use during and subsequent to 2000-2001.

PSSA and Special Education - For whom is the PASA appropriate?

The alternate assessment is appropriate for students who have significant cognitive disabilities, and who require intensive instruction and extensive support in order to perform and/or participate meaningfully and productively in the every day activities of integrated school, home, community and work environments.

PSSA and Special Education - Are there any considerations alone that cannot be used to determine if a student should take the alternate test?

Yes, no one of these considerations alone can determine utilization of PASA: significantly sub-average academic achievement, type of disability, severity of disability, excessive school absences or suspensions, amount of time in special education, location where special education services are delivered, physical and/or sensory disabilities.

PSSA and Special Education - What should IEP team members consider in deciding on whether the PASA is appropriate?

Questions such as:  Does the student have significant cognitive disabilities? Does the student require intensive instruction to learn?  Does the student’s participation in the general education curriculum differ substantially in form and/or substance from that of most other students?  Does the student require extensive adaptation and support in order to perform and/or participate meaningfully and productively in everyday life activities?

PSSA and Special Education - Can districts create their own statewide assessment?

No, they cannot.  Districts can create or determine their own "district wide" assessments.

PSSA and Special Education - How are PSSA scores reported to the state?

Districts report their PSSA scores to PDE as both an aggregate number (including all students) and disaggregated numbers (separating IEP students taking the test from the non-IEP students.)

PSSA and Special Education - With the passage of EEA (Act 16), will IEP student scores count in the calculation of "empowered districts?"

PDE uses the aggregate number for Act 16 determination.

PSSA and Special Education - My district administration has told me that IEP teams can only exempt 2% of their IEP population from the PSSA.  Is this true?

No.  There is no cap for students who are to take the alternate test (exempted from PSSA).  Although the Office of Special Education Programs, DOE, has indicated to each state that they will audit any state whose numbers exceed this 2%.  This, however, does not invalidate the authority of the IEP team.

PSSA and Special Education - Isn't it true that high poverty districts have a high special education incidence rate?  Doesn't this render the EEA discriminatory?

The answer to the first question is yes.  A recent study conducted by the University of Pittsburgh confirms that there is a high correlation between high poverty and high special education incidence.  In response to the latter question, that will be determined over time by the courts.

Chapter 15 and Service Agreements - What is Chapter 15?

Chapter 15, Title 22, PA Code, is the Protected Handicapped Students Act.  It is one of many regulations adopted by the State Board of Education.  It became effective in February 1991.  It protects students in our schools who have disabling conditions and who need reasonable accommodations to benefit from regular education programs.

Chapter 15 and Service Agreements - How does Chapter 15 interface with Section 504 of the Rehabilitation Act?  The ADA?

Chapter 15 is a Pennsylvania requirement.  Both Section 504 of the 1973 Rehabilitation Act and the 1990 Americans with Disabilities Act are federal laws.  Section 504 has much more impact on public schools than does the ADA.  Our Chapter 15 basically indicates how PA schools will ensure all the protections given students with disabilities who need reasonable accommodations and establishes that these guarantees will be documented in a Service Agreement.

Chapter 15 and Service Agreements - Who is eligible for coverage under these laws?

People who have disabling conditions that significantly limit a major life function are generally considered eligible for coverage under these laws.  Section 504 provides coverage from birth to death; whereas Chapter 15 provides coverage for students in grades K-12.

Chapter 15 and Service Agreements - What kinds of disabilities might fall under Chapter 15 coverage rather than Chapter 14 (Special Education) coverage?

A student with a minimal hearing loss, spina bifida, attention deficit disorder, diabetes, or cancer might fall under Chapter 15; whereas a student with a severe hearing loss, multiple disabilities,  learning disabilities, or autism would probably fall under Chapter 14.

Chapter 15 and Service Agreements - What protections are guaranteed under these laws?

There are basically 4 protections guaranteed:  (1) there will be no discrimination based on disability; (2) protected individuals will be guaranteed the opportunity for full participation in the school’s programs; (3) reasonable accommodations; and (4) the right to due process.

Chapter 15 and Service Agreements - What are my responsibilities to provide FAPE (Free Appropriate Public Education)?

As an educator, your responsibilities are to know what is included on the Service Agreement and to provide those accommodations as best you can.  Ask for help, clarification, training, etc. whenever you feel it is necessary.  Also, you are responsible to help identify students who have disabilities and might need accommodations.  Educators are advised to refer students for evaluation if such a disability is suspected.

Chapter 15 and Service Agreements - What if I disagree with a Service Agreement?

An educator may disagree with a Service agreement, and articulate his/her professional opinion.  However, an educator must follow a Service Agreement to the best of his/her ability, even if they disagree with it.

Chapter 15 and Service Agreements - May I be part of the Service Agreement team?

Yes.  Although unlike an IEP team, the team to develop the Service Agreement can be as small as the parent and an administrator.

Chapter 15 and Service Agreements - Must I receive a copy of the Service Agreement?

No.  However, if you are expected to implement any part of the Service Agreement, it is expected that you will be informed of your expectations and responsibilities.

Chapter 15 and Service Agreements - How can a Service Agreement be changed?

Primarily, the Service Agreement would be changed in a meeting between the parent and the administrator.

Chapter 15 and Service Agreements - How often does a Service Agreement need to be reviewed?

The state law does not mandate any particular review timelines.  We do know, that Service Agreements can be reviewed and modified if necessary any time the school and/or the parents believe it is necessary.  Many school districts have chosen to review service agreements on a yearly basis.

Chapter 15 and Service Agreements - What types of accommodations are typical on a Service Agreement?

Usually accommodations fall into 4 categories:  (1) Instructional accommodations – e.g. preferential seating; untimed tests; permission to stand-up during seatwork; an extra set of books at home; teacher monitored assignment books.  (2) Behavioral accommodations – e.g. individualized communication system regarding behavior; permission to call one’s own time-outs; special parental notification.  (3) Health accommodations – e.g. receiving medication; catheterization; special food.  (4) Travel/access accommodations – e.g. use of elevator; special bus; air conditioning; special evacuation procedures.

Chapter 15 and Service Agreements - What is the difference between a Service Agreement and an IEP?

Service agreements: have reasonable accommodations, have no specified review period, are developed by a very small team, have no mandated specific referral information.  IEPs: are specially designed instruction, must be reviewed at least every year, are developed by a team of professionals including regular and special education teachers and parents, are highly prescripted screening and multi-disciplinary evaluation process.

Chapter 15 and Service Agreements - Is it possible for a student to have both a Service Agreement and an IEP?

No.  According to Chapter 15, Section 15.11, a student who qualifies for an IEP will have all his/her needs covered in the IEP and will not, therefore, have a Service Agreement.

Chapter 15 and Service Agreements - What agency monitors Service Agreements?

In Pennsylvania, the Bureau of Special Education spends limited time on Service Agreements.  At the federal level, the Office of Civil Rights (OCR) oversees Section 504 of the Rehabilitation Act.

Chapter 15 and Service Agreements - How does someone file a complaint with OCR?

Anyone who believes that an educational institution that receives Federal financial assistance has discriminated against someone with a disability may file a complaint. A complaint must be written and signed.  The complaint must be filed within 180 calendar days of the date of the alleged discrimination.  People in Pennsylvania would send their complaint to:   Office for Civil Rights, Philadelphia Office; US Department of Education; Wanamaker Building; 100 Penn Square East, Suite 515; Philadelphia, PA  19107.

Wraparound Aides/TSS - What are wraparound aides and Therapeutic Support Staff (TSS) workers?

Usually wraparounds and TSS workers are mental health professionals hired by Mental Health/Mental Retardation, Department of Welfare, through the Child and Adolescent Services System Program (CASSP), to provide services to individuals with mental health issues and their families.  Funding for these services is funneled through medical assistance.

Wraparound Aides/TSS - Why do these mental health providers work in the schools?

In general, it is because the student’s Therapeutic Support Plan, which is a medical plan put together by a licensed psychologist or psychiatrist,  calls for services for up to 16 hours a day.  The support is provided wherever the student happens to be - in school, at home, on the soccer field, at the neighborhood park, etc.

Wraparound Aides/TSS - Is there a legal requirement for TSS workers and wraparounds to be working in schools?

There is no legal requirement that mandates admission of these workers in public schools.  However, schools often find these services a positive supplement to educational support and services.

Wraparound Aides/TSS - How does this kind of support differ from that provided by Educational Support Staff (ESP) who are hired by the school district or intermediate unit?

ESP support supplements instruction or tends to personal care needs as indicated on an IEP.  Therapeutic Support attends to mental health and family issues as indicated on the Therapeutic Support Plan.

Wraparound Aides/TSS - Aren't these mental health workers doing ESP bargaining unit work?

No.  Our legal staff has determined, after studying the type of work, the hours, and the location of the mental health services, there is no infringement on bargaining unit work.

Wraparound Aides/TSS - Do students with TSS plans also have IEPs?  Service Agreements?

Sometimes.  It depends on what the student needs.  If the student needs specially designed instruction as a result of a disability, then he will have an IEP.  If the student needs reasonable accommodations in order to benefit from his education, then he will have a service agreement.  If the student needs mental health therapy/support, for medical reasons (if these services are needed for educational reasons, they will be part of the IEP), he may have a TSS plan as well.

Wraparound Ai