The second half of the academic year is upon us. This is also the time that IEP Teams are busy making important programming decisions for students with disabilities. Special attention and planning are given to young children with disabilities who are preparing to transition to school age programming. For school aged students, the IEP Team must consider the effect of the upcoming summer recess on student progress and whether extended school year services are needed. Finally, graduation decisions must be finalized soon for students preparing to graduate from high school and leave special education eligibility behind.
Transition to School Age Programming
Children from birth to age five may be eligible to receive early intervention services (EI) to address developmental delays and disabilities. The Pennsylvania Departments of Education and Human Services work collaboratively to provide services via the Office of Child Development and Early Learning (OCDEL). EI services are provided in the home, community and/or early childhood educational setting to build skills in the following areas of development: physical development including vision and hearing; cognitive; communication; social or emotional; and adaptive skills. EI services may be provided by a school district, intermediate unit, or other agency contracted by OCDEL.
When eligible young children reach the age at which the parents can enroll them in either kindergarten or first grade, schools must arrange meetings in February to discuss the transition to school age programming. Schools will complete a re-evaluation to determine eligibility for school age programming under the IDEA and issue an IEP as appropriate. The purpose of beginning this process in February is to facilitate the issuance of the RR and recommendation for school age programming prior to the start of school. If the process is not completed for any reason, the student’s EI IEP can be implemented with comparable services while the RR is completed.
Extended School Year
The Individuals with Disabilities Education Act (IDEA), requires schools to provide educational services beyond the traditional 180-day school year for students if an interruption such as the summer break will result in a regression of skills. The IEP Team for every student must determine, annually, whether the student needs extended school year services (ESY). This decision is based on the Team’s review of data and consideration of the effect of the following factors on the student’s ability to maintain progress: regression following a break; ability to recoup progress quickly following return to school; level of mastery of key skills; self-sufficiency and independence; effect of successive interruptions on school engagement; and severity of the student’s disability.
For students with severe disabilities PDE requires the IEP team to convene to review ESY eligibility no later than February 28 and thereafter, issue a NOREP to Parents by March 31. Termed the Armstrong Target Group, the following disabilities qualify as “severe:” Autism/Pervasive Developmental Disorder, Serious Emotional Disturbance, Severe Intellectual Disabilities, Degenerative Impairments with Mental Involvement, and Severe Multiple Disabilities. PDE notes that the need for ESY services should not be based on the desire or need for daycare, a summer recreation program, or programs and services not designed to ensure the provision of FAPE. ESY services are an important tool to ensure retention of skills and overall student success.
The IEP team’s ESY determination must be documented in the student’s IEP. The school should issue a NOREP/PWN to document the decision and, as applicable, the offer of ESY services. ESY services can include some or all of the related services and goals contained in the school-year IEP.
Graduation Considerations
Students with disabilities are eligible to receive special education services until the earlier of the date they meet requirements for a high school diploma, an IEP Team determination that graduation is appropriate based on progress toward IEP goals, or their 22nd birthday. Planning for the transition to adult life begins in the year in which a student with a disability turns 14. The IEP Team must identify needs related to post-secondary education, employment and independent living skills and develop goals to address identified needs.
Students with disabilities can and should graduate when they meet the academic standards and curriculum requirements established by the state. All students are entitled to participate in graduation activities with their same-aged cohort even if the IEP Team decides the student will remain in school to continue to address IEP goals. The IEP team should discuss what needs and transition-related goals still need to be addressed in subsequent years until the student is eligible to graduate on progress toward goals, or to exit special education eligibility due to age.
When a student is ready to graduate, the school will issue a NOREP/PWN to document the Team decision. The school will also issue a Summary of Academic Achievement and Functional Performance. The SAAFP summarizes student abilities and needs, provides recommendations to help the student meet post-secondary goals, and identifies sources for post-secondary services and supports. The SAAFP also summarizes the supports, services, and educational modifications that were provided in the student’s IEP and states whether the student engaged in competitive integrated employment while in school.
Bottom Line For Schools
NOTE: At the time of this writing, the maximum age of special education eligibility is the student’s 22nd birthday. Our attorneys are monitoring litigation addressing this issue and will provide updates as they occur.
