All children in this country have the right to a free public education, even if they have a disability. Providing children with disabilities with a free public education can require some modifications or accommodations to the general education offered to all other children. These modifications or accommodations are often referred to as special education. Special education serves to provide disabled students with an appropriate learning environment where they are set up for physical, emotional, and academic success.
Pennsylvania is one of the states with the highest number of students enrolled in special education services in the country. About 20.2 percent of Pennsylvania's students (over 300,000) are enrolled in special education programs. The state maintains thorough and extensive school district-specific data on its special education student populations, which are made available to the public.
In Pennsylvania, special education is governed by the Pennsylvania Department of Education's Bureau of Special Education. The role of the Bureau of Special Education is to work collaboratively with educators, schools, agencies, and other stakeholders throughout the Commonwealth of Pennsylvania to ensure students have access to quality and meaningful education support, services, and opportunities. Many resources, programs, and even special schools can cater to the needs of individual students with disabilities. Different school districts provide various options for your child, often based on budgeting, staffing, and resources.
As a parent, you already have a lot on your plate, and understanding the workings of the special education system in your Pennsylvania school district may be overwhelming. We know you will do anything in your power to ensure your child receives the education they are entitled to. The LLF Law Firm's Education Law Team is here to help you advocate for your child's right to special education services unique to their needs.
What Is Special Education?
You can find many definitions of special education out there. Pennsylvania has adopted the definition of special education used in the federal law, the Individuals with Disabilities Education Act ("IDEA"). That law defines special education as "specially designed instruction, at no cost to the parents, to meet the unique needs of the child with a disability – including instruction conducted in the classroom, in the home, in hospitals and institutions, and other settings and instruction in physical education."
Relevant Laws
At the federal level, three laws are important to understanding what special education your child is entitled to. These three laws are the Americans with Disabilities Act ("ADA"), Section 504 of the Rehabilitation Act of 1973 ("Section 504"), and the Individuals with Disabilities Education Act ("IDEA").
Individuals With Disabilities Education Act
IDEA is the predominant federal law addressing special education for students aged K-12. This law outlines how state states and public agencies (like school districts) offer special education services to children with disabilities. The law ensures that all children with disabilities have the right to a free appropriate public education ("FAPE") that is specific to the child's unique needs and sets them up for present and future academic and life success.
The Individualized Education Plan ("IEP") is a main facet of IDEA. This legal document includes a written education plan designed by your school district to provide your disabled child with special education. The document details all of the specific modifications and accommodations your child will receive to address all aspects of their disability in the educational setting.
Americans With Disabilities Act
The ADA prohibits discrimination against anyone with disabilities while accessing government services. While the ADA covers all Americans with disabilities, it is important in the context of special education as well. The law covers all children with disabilities, regardless of whether the school is a public, charter, or private school, regardless of where school funding comes from.
Section 504 of the Rehabilitation Act
Section 504 prohibits discrimination against individuals with disabilities. Under this law, a student with a disability is entitled to have equal access to an education.
State Laws and Regulations
The state law that requires school districts to identify students with disabilities and provide the appropriate education is the Pennsylvania School Code. Additionally, there are many regulations that apply to special education services, including:
- 22 Pa. Code Chapter 4, which establishes the state's academic standards and testing requirements, including special education high school graduation requirements.
- 22 Pa. Code Chapter 14, the main state regulation on special education, regulates evaluations, IEPs, placement options, early intervention for children ages 3 to school age, and due process procedures.
- 22 Pa. Code Chapter 15, which addresses a school district's responsibility to comply with Section 504.
- 22 Pa. Code Chapter 16, which governs the provision of special education services.
- 22 Pa. Code Chapter 171 covers the operation of special education placement at APSs.
- 22 Pa. Code 711, which contains the state regulations governing special education services provided in charter schools.
Who Qualifies for Special Education?
There are many disabilities that make a child eligible for special education. Some of these disabilities include:
- Specific learning disabilities (for example, dyslexia)
- Autism spectrum disorder
- Emotional disturbance (for example, depression, anxiety disorder, or schizophrenia)
- Speech or language impairment
- Visual impairment
- Deafness
- Hearing impairment
- Deaf-blindness
- Orthopedic impairment (for example, cerebral palsy)
- Intellectual disability
- Traumatic brain injury
What Is the Process for Obtaining Special Education Services?
Accessing special education services for your child can be a long and exhaustive process. While school districts may operate slightly differently, the general process is as follows:
- Identifying the child as possibly needing special education and related services. Often, a child's disability that qualifies them for special education isn't a visible one. When a child's disability isn't a physical or easily seen disability, identifying that your child has a disability is the first step. Some things to look out for are if your child has difficulty communicating, difficulty performing tasks that require reading, writing, or math, chronic behavior or social problems affecting their ability to learn, lack of interest or ability to participate in age-appropriate activities, or consistent problems in getting along with others. Your child's school may also have a screening process that identifies students who need to be evaluated. These screening processes will often review the student's records, including their attendance and report cards, review the student's vision and hearing, assessment of the student's performance based on grade-appropriate standards in core academic areas, and observation of the student's behavior in the classroom.
- Referral for evaluation. There are generally two ways a referral for evaluation happens. As the parent or guardian, you can ask the school to evaluate your child at any time. Once you request your child to be evaluated, you should receive a form within ten calendar days; when completed and returned, the form gives the school permission to evaluate your child. The second way a referral can occur is if the school contacts you directly based on their observations and asks your permission to evaluate your child. Regardless of how the referral happens, you will need to complete the Permission to Evaluate Consent Form before your child can be evaluated.
- The child is evaluated. Evaluations are tailored based on the challenges your child is presenting. Standard evaluations include psychological evaluations, educational evaluations, and behavioral evaluations. Evaluations can be conducted by a variety of professionals, including your child's teacher, an occupational therapist, or a social worker.The evaluation process must be completed within 60 calendar days (not including summer vacations) from when your school district receives the signed Permission to Evaluate Consent Form. At the end of the evaluation, an Evaluation Report will be provided to you, determining eligibility and making recommendations about the type of services, if any, your child needs.
- An IEP is written. An IEP will be written for you if they meet the special education requirements. Your child's IEP will include recommendations from their Evaluation Report and will be specific to meeting their educational needs.
- Reevaluation. Your child will be reevaluated either every two or three years based on the nature of their disability. The reevaluation will determine whether your child still has a disability and if they continue to need special education. Before reevaluations can occur, you must complete the Permission to Reevaluate Consent Form.
Types of Special Education and Related Services
Typically, schools will have both a continuum of general education and special education placements available for children requiring special education. There are many variations and combinations of services offered, but these are the common options you will see:
- The child participates in regular general education classes with added support services
- The child attends either part-time or full-time special education classes housed within a traditional public school
- Instruction at home or in the hospital, if medically necessary
Outside of the public school system, Pennsylvania also has Approved Private Schools ("APSs") and the Chartered Schools for the Deaf and Blind. These are schools approved by the Pennsylvania Department of Education to provide free and appropriate special education to students with disabilities. APSs are private schools that receive funds from school districts or the Commonwealth to provide free special education to students with disabilities whose needs cannot be met in the Commonwealth's public education institutions. Pennsylvania also has four chartered schools specifically catering to blind and deaf students. These schools are the Pennsylvania School for the Deaf, Overbrook School for the Blind, Western Pennsylvania School for the Blind, and Western Pennsylvania School for the Deaf.
Placement in APSs or chartered schools will depend on the individual student's needs. It will likely only occur when the nature and severity of the disability prohibits the student from succeeding in regular general education classes with the use of supplementary aids and services. Getting your disabled child into one of these schools can be a complex process, requiring the approval of the Bureau of Special Education. The LLF Law Firm's Special Education Team is always happy to help you navigate this process if you believe it is the best option for your child.
Pennsylvania Special Education Services and Resources
Special Education ConsultLine
Pennsylvania's special education ConsultLine is a telephone service offered to parents and advocates of children with disabilities or children who may be disabled but have not yet been evaluated. The ConsultLine is there to discuss procedural safeguards, school-related concerns, and special education regulations.
The Special Education Advisory Panel
The Special Education Advisory Panel ("SEAP") is an advisory body that works to improve special education in Pennsylvania. SEAP's job is to advise the Pennsylvania Secretary of Education and Department of Education on the unmet educational needs of students with disabilities. This includes guidance on developing corrective action plans and creating and implementing policies that will improve the services special needs students are accessing.
The Right to Special Education
Even if your child is different, they still have the right to a free and appropriate education. The LLF Law Firm is here to help ensure your child gets all the special education services they are entitled to. We want to assist you in setting your child up for academic success. We have helped countless Pennsylvania families navigate the special education process; sometimes, you just need someone in your corner when working with your child's school district to develop the best education plan for them. Contact us online or at (888) 535-3686.
