Understanding Pennsylvania's educational law can be complex and intimidating for both families and their students. The LLF Law Firm Education Law Team is devoted to clarifying what your child is entitled to and supporting you when your school fails to honor these protections.
The LLF Law Firm advocates for students throughout the state who are confronting various educational challenges, including special education entitlements, harassment prevention, discrimination concerns, and student rights protection.
Contact the LLF Law Firm Education Law Team today to learn more about how our firm can help you. Call 888-535-3686 or schedule a consultation online.
Special Education & Disability Rights
In Pennsylvania, both state and federal statutes regulate special education, including the Pennsylvania School Code (PSC) and the Individuals with Disabilities Education Act (IDEA). Both of these regulations require Pennsylvania educational entities to provide students with disabilities a Free Appropriate Public Education (FAPE), guaranteeing they get the individualized services and instruction they need for their personal, educational, and developmental progress.
The Pennsylvania Department of Education (PDE) supervises special education and mandates that local educational agencies (LEAs):
- Establish administrative procedures for monitoring special education program implementation, including evaluating appropriateness, effectiveness, and accountability of services.
- Ensure compliance with applicable state and federal laws when administering special education services and programs.
- Pennsylvania's procedural defenses for special education encompass:
- Parental Consent: Educational entities must secure parental permission before conducting initial evaluations, reevaluations, delivering initial services, or modifying a student's educational placement.
- Prior Written Notice: Families must receive written notification before any modifications to services or placements occur.
- Independent Educational Evaluations: Families have the entitlement to seek independent assessments at public expense if they disagree with the school's evaluation.
- Dispute Resolution: Pennsylvania offers mechanisms for addressing disagreements, including facilitation, mediation, and due process hearings.
- Access to Records: Families have the right to examine and review their child's educational documentation.
Recently, Pennsylvania special education law has changed so that students with disabilities are now entitled to receive special education services until their 22nd birthday, rather than aging out at the end of the school term when they turn 21 years old.
Understanding Pennsylvania's special education regulations is vital for effectively advocating for your child's educational requirements. These provisions ensure that students with disabilities receive appropriate support and services to thrive in their educational journey.
Individualized Education Programs & 504 Plans
In Pennsylvania, Individualized Education Programs (IEPs) and Section 504 Plans are vital mechanisms for ensuring students with disabilities receive the crucial accommodations and services they need to succeed. However, though IEPs serve students who qualify under the IDEA, Section 504 Plans are meant to support students with disabilities who may not meet the special education conditions in the IDEA but still require accommodations to access education
The process for getting an IEP in Pennsylvania includes:
- Referral: Parents, teachers, or other concerned parties can ask to have the child evaluated. This request must be made in writing.
- Evaluation Consent: The school district must provide the Permission to Evaluation form within 10 calendar days of a request and obtain written parental consent before evaluating the student.
- Evaluation: The school district has 60 calendar days (excluding summer months) to complete the evaluation once it receives consent.
- Eligibility Determination: The evaluation team, including parents, will review the results of the evaluation and decide if the student qualifies for special education services.
- IEP Development: If the student is eligible for special education services, an IEP must be developed within 30 calendar days after the evaluation team issues its Evaluation Report.
If a student with disabilities does not qualify for an IEP, but does qualify for a Section 504 plan in Pennsylvania, the process includes several steps, such as:
- Identification: A parent, teacher, or other member of school staff refers the student for evaluation.
- Evaluation: The school will then conduct an evaluation to determine if the student has a disability that significantly inhibits them from a major life activity. If the school does not perform this evaluation, parents have the right to oppose the school's decision and enforce an evaluation.
- Eligibility Determination: The evaluation team will review the evaluation's results and decide if the student qualifies for Section 504 accommodations.
- Plan Development: If the student is eligible under 504, a 504 Service Agreement will be created. This Agreement outlines the necessary accommodations and services the child needs to properly access their education.
- Implementation and Review: The plan is implemented and reviewed periodically to ensure its effectiveness. Parents or the school can initiate reassessments when significant changes to the plan are proposed, when the student's needs shift, or when the parent or teacher requests one.
Pennsylvania law compels parents to be involved in the decision-making process for both IEPs and 504 Plans. Parents have certain rights, including the right to review their child's educational records, participate in meetings, and request independent evaluations. If the school, teachers, and parents disagree, parents have the option to participate in dispute resolution, such as mediation or due process hearings.
It is important for parents to understand Pennsylvania's special education procedures and their rights under the IDEA and Section 504 regulations. However, these regulations can be cumbersome and overwhelming for most families. As such, the LLF Law Firm Education Law Team will work with you to ensure your child receives the most favorable outcome for their case.
Discipline & Expulsions
Pennsylvania's education regulations specify that disciplinary actions and expulsions need to follow certain protocols, which are outlined in the state's educational code. Under this code, suspensions can last from 1 to 10 consecutive school days, but expulsions involve exclusion from school for more than 10 days and can be permanent. Additionally, Pennsylvania law requires that schools follow due process, including formal hearings for expulsions, to ensure fairness in disciplinary decisions.
Pennsylvania data highlights a concerning trend of disproportionate disciplinary measures affecting vulnerable populations. Studies show that Black students and students with disabilities face higher rates of exclusionary discipline compared to their peers. This disparity underscores the need for equitable treatment and support for these groups.
The LLF Law Firm Education Law Team offers critical assistance during these challenging situations by advocating for your child's interests throughout disciplinary proceedings and ensuring that school administrators comply with due process requirements mandated by Pennsylvania laws. They can educate families about their legal protections, guide them through the appeals process, and collaborate with school districts to mitigate unnecessary impacts to your child's educational record.
For students with disabilities, The LLF Law Firm ensures that disciplinary procedures align with both federal protections and Pennsylvania's special education regulations, preventing discriminatory treatment. Working with the LLF Law Firm, the moment you learn of any allegations against your child, you can significantly improve their chances of a favorable resolution.
Bullying & Harassment
Like most schools in America, bullying and harassment present substantial challenges in Pennsylvania schools, affecting students' emotional well-being and academic performance. Pennsylvania law defines bullying as an intentional electronic, written, verbal, or physical act that:
- Substantially interferes with a student's education,
- Creates a threatening environment,
- Substantially disrupts the orderly operation of the school,
- Occurs in a school setting, including on school grounds, in school vehicles, at designated bus stops, or during school-sponsored activities.
This definition also includes cyberbullying and applies even if the affected student doesn't possess the characteristic that motivated the act.
Under Pennsylvania law, school districts must adopt comprehensive anti-bullying policies and procedures. Each district must have a policy prohibiting bullying, which must be integrated into the Code of Student Conduct. Districts are required to designate a point person for bullying reports and ensure that policies are publicly accessible and reviewed with students annually.
Parents also play a crucial role in addressing bullying by familiarizing themselves with district policies and using established reporting procedures. While Pennsylvania law does not require parental notification of bullying incidents, proposed legislation aims to change this. Parents can report incidents to school administrators or the designated bullying contact.
Discrimination Cases
In Pennsylvania, federal and state laws prohibit discrimination in schools. However, discriminatory practices in these schools continue to persist. To address these concerns and ensure compliance with anti-discrimination requirements, it is crucial to work with a skilled education law team who will ensure you understand your, and your child's, rights and the possible pathways to having those rights enforced.
There are several types of discrimination cases that affect Pennsylvania schools:
- Racial Discrimination: Racial disparities are evident in Pennsylvania's educational system, particularly in higher education, where students of color face racial harassment and stereotypes.
- Gender and LGBTQ+ Discrimination: Pennsylvania law, specifically the Pennsylvania Human Relations Act (PHRA), prohibits discrimination based on gender identity and expression in schools. Despite these protections, challenges remain in ensuring equitable treatment for LGBTQ+ students.
- Disability Discrimination: Pennsylvania students with disabilities are protected under federal laws like Section 504 of the Rehabilitation Act, but they may still encounter barriers to equal educational opportunities.
To counteract these issues, Pennsylvania has adopted several legal frameworks, including:
- State Protections: The Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act (PFEOA) bar discrimination in schools based on race, color, sex, religious creed, national origin, ancestry, and disability. These laws empower the Pennsylvania Human Relations Commission to enforce compliance.
- Federal Protections: Title VI and Title IX forbid discrimination based on race, color, national origin, and sex in programs that receive federal funding.
The Pennsylvania Department of Education and other state agencies perform regular reviews to identify, stop, and remedy discrimination in school districts. These efforts ensure compliance with civil rights laws and help maintain educational environments free from discrimination.
Student Rights & Free Speech
It is vital for educational institutions to protect their students' First Amendment rights. However, while students can maintain their right to free expression, schools will restrict speech that causes a significant disruption to the educational environment. To combat this, Pennsylvania legislation and court decisions have tried to establish a balance between campus safety and free expression.
There are a number of increasing challenges that students in Pennsylvania face that inhibit their freedom of expression and educational opportunities. For instance, various advocacy groups around the state and country have created initiatives that affect LGBTQ+, racial minorities, and religiously diverse students across the state's schools.
According to Pennsylvania law, schools must adopt policies that respect students' rights, including those of transgender students. While there is no specific state law mandating the use of preferred names and pronouns, schools are encouraged to create inclusive environments. Some districts have faced controversy over implementing these policies, highlighting the need for clear guidelines.
All students in Pennsylvania deserve quality education in an inclusive atmosphere where they can develop an understanding of themselves and their broader community. The state's commitment to protecting students' rights is reflected in its laws and policies, which aim to balance free expression with the need for a safe and productive learning environment.
How the LLF Law Firm Education Law Team Can Help
The special education system in Pennsylvania is designed to give students with disabilities the comprehensive support and accommodations they need to thrive in and out of school. But recent regulatory changes and ongoing legal challenges emphasize the importance of having active advocates who can safeguard these rights for your student.
Familiarizing yourself with Pennsylvania's laws and regulations will help you navigate the special education network, ensuring your children have every opportunity to receive an accessible education.
The best way to do this is to work with an experienced education attorney. The LLF Law Firm Education Law Team has spent years helping students all around Pennsylvania access the rights the state already provides for them. They can help you navigate special education laws, assist with forming an IEP for your child, and advocate for your family during disputes with the school and school district. Call the LLF Law Firm today at 888-535-3686 or schedule a consultation online for help.
