The Pennsylvania Department of Education (PDE) has issued a new BEC on one-to-one support that makes clear that if a student needs this service, it must be in the IEP, and that the school entity has final responsibility to provide this service and is the payor of last resort.
Ensuring Appropriate Services
PDE has issued a new BEC on the issue of one-to-one support for special education students that brings to the forefront some important issues, including that the school entity is ultimately responsible for providing and funding this service.
First, the new BEC states clearly that a District cannot pass off its FAPE obligation when it comes to a one-to-one aide to another agency. The BEC provides that the district is responsible for ensuring that appropriate one-to-one support is provided. As a result, the district must, if it is needed for educational purposes, put this service in the IEP.
In addition, the District cannot delay the provision of this service until the TSS is available, even if that means the district must provide a PCA itself.
Lastly, if the service provided by the TSS is not appropriate or not always available, the district is responsible for provide the service. Simply put, the BEC advises that the LEA is responsible as the payor of last resort to provide and pay for this service.
In addition, while not prohibiting the use of a TSS for one-to-one support, the BEC raises concerns about the same noting that a District PCA may be better qualified to meet the needs of a student educationally and that given the types of tasks that a TSS and PSA are trained to do are different, they may not be interchangeable.
As a result, the purpose of the one to one support should be well defined by the team to ensure that the person providing this service is the right person for the job.
Next, the BEC addresses what criteria the team should use in determining if a student needs one to one support. Specifically, the BEC notes that the following criteria should be considered:
- Reports on the student’s needs in all areas: academic, social, emotional or behaviorally;
- The student’s progress in his or her educational program without one-to-one support;
- Student’s history of referral or need for community based or school based mental health services;
- Student’s behavior record, including discipline referrals and outcome of the same, and record of attendance; and
- Any behaviors that have resulted in exclusion from the classroom.
Bottom Line
The guidance from PDE is clear that the decision of whether a student needs one-to-one support in the school setting is an IEP team decision, and that if the team decides it is necessary service, it must be put in the IEP and the district is responsible for ensuring it is provided, irrespective of what support other agencies may or may not be providing the student, and is appropriate.
If you have any questions, contact your legal counsel or one of the special education attorneys at KingSpry.
School Law Bullets are a publication of the school law attorneys of KingSpry’s Education Law Practice Group. John E. Freund, III, is our editor. The article is meant to be informational and does not constitute legal advice.
