Special Education PDF Print E-mail

As you may know, the federal legislation which currently governs the issue of special education is the Individuals with Disabilities Education Act (IDEA), which was reauthorized and revised in 2004. Under this legislation, parents of special needs children may address complaints related to the appropriateness and implementation of services provided to their children. The Office of Special Education Programs (OSEP) of the U.S. Department of Education is dedicated to improving results for infants, toddlers, children and youth with disabilities ages birth through 21 by providing leadership and financial support to assist states and local districts.

The Individuals with Disabilities Education Act (IDEA) authorizes formula grants to states, and discretionary grants to institutions of higher education and other non-profit organizations to support research, demonstrations, technical assistance and dissemination, technology and personnel development and parent-training and information centers.

The Individuals with Disabilities Education Improvement Act of 2004 was signed into law by President George W. Bush on December 3, 2004. As the nation's special education law, IDEA serves approximately 6.8 million children and youth with disabilities.


  • The Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) service is Medicaid's comprehensive and preventive child health program for individuals under the age of 21.  EPSDT was defined by law as part of the Omnibus Budget Reconciliation Act of 1989 (OBRA '89) legislation and includes periodic screening, vision, dental, and hearing services. In addition, Section 1905(r)(5) of the Social Security Act (the Act) requires that any medically necessary health care service listed at Section 1905(a) of the Act be provided to an EPSDT recipient even if the service is not available under the State's Medicaid plan to the rest of the Medicaid population.  The EPSDT program consists of two mutually supportive, operational components:

(1) assuring the availability and accessibility of required health care resources; and

(2) helping Medicaid recipients and their parents or guardians effectively use these resources.

  • These components enable Medicaid agencies to manage a comprehensive child health program of prevention and treatment, to seek out eligibles and inform them of the benefits of prevention and the health services and assistance available and to help them and their families use health resources, including their own talents and knowledge, effectively and efficiently. It also enables them to assess the child's health needs through initial and periodic examinations and evaluations, and also to assure that the health problems found are diagnosed and treated early, before they become more complex and their treatment more costly.

 

State Resources

    • In Pennsylvania, the Department of Education, Bureau of Special Education is charged with ensuring that children of Pennsylvania are receiving the services guaranteed to them under IDEA. Through the Bureau of Special Education you can address concerns related to the implementation of your child’s IEP. If you believe that your child’s special education program is appropriate, but feel its implementation is contrary to your agreement, you may file a complaint with the Bureau of Special Education. The Bureau will investigate the complaint and send a written decision to you and your child’s school within 60 days. The complaint information packet can be found at http://www.pde.state.pa.us/special_edu/lib/special_edu/Complaint_packet_Revised_Info_portion_1-08-07_CH.pdf if you feel this remedy is appropriate

    • Bureau of Special Education (Pennsylvania)
      • John J. Tommasini, Bureau Director
        Patricia Hozella, Assistant Director
        State Department of Education
        Seventh Floor
        333 Market Street
        Harrisburg, PA 17126-0333
        Phone: (717) 783-6134
        Fax: (717) 783-6139
        Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
        Website: http://www.pde.state.pa.us/special_edu/site/default.asp

     

     

    • The Department of Education also funds the Office for Dispute Resolution (ODR), an independent organization that evaluates educational disputes. The services available through ODR include Individualized Education Plan (IEP) facilitation, mediation, and due process proceedings.
      IEP facilitation is an option that is available when both school officials and parents agree to have a neutral person, identified by the state, present at the IEP team meeting to ensure that all participants interact respectfully, that the perspectives of all participants are heard, and that the participants remain focused on the issues at hand. IEP facilitation is provided at no cost to the family.

      • Mediation is another option available through ODR. In the mediation program a specially trained mediator meets with both school officials and parents, separately and then together, to help all parties reach an agreement on the issues of concern. Mediation is also no cost to the family and neither party is permitted to have an attorney present during mediation. It is not necessary to use one of these two mechanisms before filing for due process.
      • In due process hearings, a hearing officer reviews materials related to the case, listens to both interested parties, and issues a written decision within 45 days of the date due process was filed. Lawyers and witnesses may be present at a due process hearing. Prior to a due process hearing, the school and parent must participate in a resolution session to determine whether the due process complaint can be resolved prior to the official hearing, unless both parties agree to waive this session. They may also have a mediation session in place of a resolution session, in which case a mediator would be present. Parents interested in utilizing one of these three mechanisms should contact the Office of Dispute Resolution at 1-800-222-3353 or visit http://odr.pattan.net/default.aspx.

     

    • The Pennsylvania Parent Guide to Special Education for School Age Children is a useful resource which addresses questions that parents may have about special education as it relates to their child who is thought to have, or may have, a disability. It includes information about how a child’s need for special education is determined, how a special education program plan is developed and the kinds of information it must include, the responsibilities that a school district has to a child who is eligible for special education services and the child’s parents, and the actions that parents can take if they disagree with school officials about their child’s education program.  This document also includes a list of resources where parents can go for help or to have their questions answered, and it can be found at http://parent.pattan.net/files/parent/SchAgeParentGuide.pdf.  The Pennsylvania Training and Technical Assistance Network (PaTTAN) is an initiative of the Pennsylvania Department of Education, working in partnership with families and local education agencies to support programs and services to improve student learning and achievement.  PaTTAN has three regional offices, with locations in Harrisburg and Pittsburgh, and King of Prussia. These offices develop training courses, offer technical assistance, and provide resources to build the skills of intermediate unit and school personnel, in order to improve student achievement. Each regional office serves specific intermediate units.

       
    • PaTTAN King of Prussia
      • 200 Anderson Road
        King of Prussia, PA 19406
        (610) 265-7321
        (800) 441-3215
        www.pattan.net
        Janet M. Sloand, Ed.D. Director
        Monica Maiese, Assistant Director

     

     

    • The State Agency which provides services and information regarding children "Wraparound" is a nickname for Behavioral Health Rehabilitation Services (BHRS), (http://www.dpw.state.pa.us/servicesprograms/autism/help/003676342.htm) which "wrap" around existing services. BHRS is a Medicaid-funded program providing trained professional support for children under age 21 to reduce or replace problem behavior with positive, socially appropriate behavior. Wraparound services are family and child-centered, must be medically necessary, and they can take place in variety of settings, not just one place. Services are defined by the Behavior Treatment Plan, or Behavior Care Plan. Progress is monitored with data, updated regularly and reevaluated every three months. Also, wraparound services are often very personal. Some families may need to adjust to new persons actively joining their daily activities.
    • There are similarities between wraparound services and education services. However there are important differences because the long-term goals of these two systems are different. School services are designed to meet the goals of IDEA, a federal education law that focuses on functional and academic skills that prepare a student for independent living, a job or further education. Wraparound services focus on community integration and skill development to increase the independence of individuals and their families.
    • Wraparound services, or "wrap," serve behavioral health needs exclusively, with the purpose of helping the child learn skills to become independent in their daily environments as they develop. Services to teach independence can occur anywhere a child needs them, including play-dates, community outings, and recreation. This may include school activities, whether public or otherwise. Wraparound services are medically necessary services. Wraparound is not a substitute or supplement for speech and language, occupational or physical therapies. Wraparound is not a substitute for academic instruction by a teacher.
    • Wraparound staff are hired and trained for the sole purpose of supporting the needs of the child and their family arising from the child’s disability. Staff hired must have state-mandated minimum levels of experience, Therapeutic Support Staff (TSS) who provide direct support must have a two-year college degree, but often have a four-year college degree, if not advanced health training. They teach and support the learning of specific positive behaviors, such as safety skills and social interactions, like dealing with conflict and maintaining conversations.
    • Long-term goals are addressed with quarterly objectives in a Behavioral Treatment Plan. Parents are encouraged to be actively involved in creating, carrying out and following through on the Plan. Contact your county MH/MR office HCSIS Services and Supports Directory (listed below) and request wraparound services. Your child must be found eligible for wraparound services by a local agency. Families should contact agencies and determine which may have the best experience and staff for their child’s needs.

     

     

     

     

     

      • DELAWARE COUNTY MH/MR PROGRAM
        DOROTHY KLEIN, Administrator
        20 SOUTH 69TH STREET,
        4TH FLOOR,
        UPPER DARBY, PA 19082
        Phone : (610) 713-2400
        Fax : (610) 713-2369
        Email : This e-mail address is being protected from spambots. You need JavaScript enabled to view it

     

      • CHESTER COUNTY MH/MR PROGRAM
        Gary . Entrekin, Administrator
        GOVERNMENT SERVICES CENTER,
        601 WESTTOWN ROAD,
        SUITE 340, P.O. BOX 2747,
        WEST CHESTER, PA 19380-0991
        Phone : (610) 344-6265
        Fax : (610) 344-5997

     

      • MONTGOMERY COUNTY MH/MR PROGRAM
        ERIC GOLDSTEIN, Administrator
        1430 DEKALB STREET,
        P.O. BOX 311,
        NORRISTOWN, PA 19404-0311
        Phone : (610) 278-3642
        Fax : (610) 278-3683
        Email : This e-mail address is being protected from spambots. You need JavaScript enabled to view it

     

    • The following Department of Public Welfare offices administer federal funds for these programs.  The state agency personnel who govern the County offices are also below:

     

    • Office of Mental Health and Substance Abuse Services (OMHSAS)http://www.dpw.state.pa.us/About/OMHSAS/) - mission is that every person with serious mental illness and/or addictive disease, and every child and adolescent who abuses substances and/or has a serious emotional disturbance will have the opportunity for growth, recovery and inclusion in their community, have access to services and supports of their choice and enjoy a quality of life that includes family and friends. (
      • Joan L. Erney, J. D.
        Deputy Secretary
        P. O. Box 2675
        Harrisburg, PA 17105-2675
        717-787-6443

     

    • Office of Developmental Programs (ODP), formerly the Office of Mental Retardation (OMR) (http://www.dpw.state.pa.us/About/ODP/) - mission is to provide individuals with mental retardation, autism, and their families the services and supports they need and the opportunity to make real choices about living, working and options for social activities to enable them to live in and participate fully in the life of their communities.
      • Kevin Casey
        Deputy Secretary
        P. O. Box 2675
        Harrisburg, PA 17105-2675
        717-787-3700

     

    • The Office of Medical Assistance Programs (OMAP) - http://www.dpw.state.pa.us/About/OMAP/) administers the joint state/federal Medical Assistance (also known as Medicaid) program that purchases health care for close to 1.9 million Pennsylvania residents. Local County Assistance Offices determine eligibility for Medical Assistance.
      • Mike Nardone
        Deputy Secretary
        P. O. Box 2675
        Harrisburg, PA 17105-2675
        1-866-542-3015
    • For children who “age out” at age 21, contact the above Department of Public Welfare agencies for ongoing medically necessary care for those on medical assistance.
    • If a child is disabled before age 22, he/she may qualify for disabled child benefits on the earnings record of a parent who is deceased, retired or disabled, of any age.  Visit http://www.ssa.gov/dibplan/dqualify10.htm or call the Social Security Administration at 1-800-772-1213 for more information.
    • Also, for the Pennsylvania Department of Public Welfare website containing information for persons with disabilities, visit http://www.dpw.state.pa.us/ServicesPrograms/PhysicalDisabilities/.  You can also find help and information at your local County Assistance Office. If you work for a personal care home or other provider of services for persons with disabilities, you may visit the Long Term Livingcontact DPW. Web site. If you are having difficulty finding the information you need, please

    Local/Non-Government Resources

    • Work closely with the Supervisor of Special Education at your child’s school, as well as your local Intermediate Unit. Intermediate Units are organized in Pennsylvania as part of the governance structure of public education in the Commonwealth. They are situated between the state education agency and the local school districts, designed primarily to provide services to local school districts that can be operated more effectively and efficiently on a regional basis.

     

     

    • Chester County Intermediate Unit
      Educational ServiceCenter
      455 Boot Road
      Downingtown PA 19335
      484-237-5000
      Fax: 484-237-5154
      www.cciu.org

     

     

    • Local support and assistance programs.
      • Parent Education Network (PEN) (www.parentednet.org, 1-800-522-5827) – is an organization that provides general support for Pennsylvania parents of children with special needs.
      • Parent-to-Parent of Pennsylvania (1-888-727-2706) - matches parents of children with special needs to supporting parents, on a one-on-one basis, according to condition or concerns.
      • Parents Local Task Force (Delco Chairperson Sandy Wadsworth, 484-494-5984, This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) - provides advocacy services for IEP team meetings, advice, technical information, etc.
      • The ARC of Philadelphia (www.arcpddc.org, 215-229-4550 Delaware County Representative. Kathy Zepka, Chester County Representative, Connie Mohn, Montgomery County Representative Michael Owens) - provides support to enhance the life, health and well-being of individuals with intellectual, cognitive, developmental disabilities, and their families; maintaining a focus on community inclusion, self-direction, individual choice, and citizenship; while believing in everyone’s possibilities.  The Arc’s goal is to provide advocacy and resources for them in a professional, knowledgeable, and effective manner.
      • Parent Involved Network (PIN) (www.pinofpa.org, 1-800-688-4226) - provides support for families of children with emotional, neurological, and behavioral disorders.
      • Children and Adults with Attention-Deficit/Hyperactivity Disorder (CHADD) (www.chadd.org, 301-306-7070) - is the nation's leading non-profit organization serving individuals with AD/HD and their families.
      • School districts often have support groups for children and families involved with special education.
      • The National Association of the Deaf (NAD) was established in 1880 by deaf leaders who believed in the right of the American deaf community to use sign language, to congregate on issues important to them, and to have its interests represented at the national level. These beliefs remain true to this day, with American Sign Language as a core value. As a nonprofit federation, the mission of the NAD is to preserve, protect, and promote the civil, human, and linguistic rights of deaf and hard of hearing Americans. The advocacy scope of the NAD is broad, covering the breadth of a lifetime and impacting future generations in the areas of early intervention, education, employment, health care, technology, telecommunications, youth leadership, and more.  For more information, please visit www.nad.org.
      • Contact your county MH/MR office and request wraparound services.  Your child must be found eligible for wraparound services by a local agency. Families should contact agencies and determine which may have the best experience and staff for their child’s needs.

     

    Legal Resources