IDEA/Chapter 14 Regulations and Forms

IDEA Regulations

The Individuals with Disabilities Education Improvement Act (IDEA 2004), a major reauthorization of IDEA 97, continues to ensure that all children with disabilities have a free appropriate public education (FAPE) and that the rights of such children and their parents are protected. It also aligns to the No Child Left Behind (NCLB) Act. Some of the changes made in IDEA 2004 focus on improving educational outcomes for students with disabilities rather than the special education process. Other changes emphasize the need to reduce paperwork and expand opportunities to reduce disagreements between schools and parents.

The reauthorized Individuals with Disabilities Education Act (IDEA) was signed into law on Dec. 3, 2004, by President George W. Bush.  The provisions of the act became effective on July 1, 2005, with the exception of some of the elements pertaining to the definition of a “highly qualified teacher” that took effect upon the signing of the act.  The final regulations were published on Aug. 14, 2006

Chapter 14 Regulations

The State Board of Education, established by the General Assembly, is the principal administrative regulatory body for elementary/secondary and higher education in the Commonwealth. In addition to promulgating regulations, the Board has the statutory authority to "adopt broad policies and principles and establish standards governing the educational program of the Commonwealth." The Special Education regulations in Pennsylvania are found under the 22 PA Code, Chapter 14 for school districts, and Chapter 711 for charter schools.

Chapter 14:  This Chapter specifies how the Commonwealth will meet its obligations to suspected and identified children with disabilities who require special education and related services.

Pattan, 2008

Positive Behavioral Supports

School districts are responsible for providing safe learning environments, while following the regulations protecting the rights of all students. This makes it necessary to carefully examine current policies and procedures when developing discipline measures. Discipline efforts must be focused on designing and implementing a positive and proactive school-wide and site-wide behavior support system for all students. Another focus is to implement effective instruction techniques to manage classroom behaviors and increase learning in all classrooms. Finally, we also recognize that a very small percentage of students will need a more intensive and individualized approach.

Pattan, 2008 

Data Collection Tools

The determination of the appropriate data collection tool is based on:
  1. The behavior of concern
  2. The desired data to be collected (duration, frequency)
ABC checklist
ABC form-blank version
Behavior Screening Form
Behavior Count
Behavior Duration
Time Chart
On Task Data Sheet
Self Correction
Student/Teacher Rating Sheets
Latency Chart
Detailed ABC Form

Communication Plan

Deaf and Hard of Hearing Support

For these students, the IEP must include a communication plan to address:
  • Language and communication needs
  • Opportunities for direct communications with peers and professional personnel in the child’s language and communication mode
  • Academic level
  • Full range of needs, including opportunities for direct instruction in the child’s language and communication mode
  • Assistive technology devices and services



The term “transition services” means a coordinated set of activities for a child with a disability that: 
  • Is designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities, including postsecondary education, vocational education, integrated employment (including supported employment); continuing and adult education, adult services, independent living, or community participation;
  • Is based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests; and
  • Includes instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and functional vocational evaluation.
The LEA must invite a child with a disability to attend the child’s IEP Team meeting if a purpose of the meeting will be the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals under §300.320(b).
[34 CFR 300.321(b)] [20 U.S.C. 1414(d)(1)(B)]

Pattan, 2008

Summary of Performance (Seniors)

Summary of Academic Achievement and Functional Performance, School districts are required to provide to students with disabilities who are exiting high school a summary that includes recommendations on how to assist the student in meeting postsecondary goals. This form was previously called the Summary of Performance. The recommended form is attached below.

Extended School Year Programs: A Guide for IEP Teams

Tentative 2013 WSSD ESY classroom dates: Monday-Wed (last week of June through end of July)


When a student requires additional time beyond the school year to benefit from the special education program described in the Individualized Education Program (IEP) plan, Extended School Year (ESY) services may be necessary. This document provides guidance to IEP teams as they gather data and then make data-based decisions regarding the need for extended school year programs for each child with a disability. The guide includes a recommended sequence of steps for IEP teams to follow, as well as an "ESY Checklist" to be used to gather information. While this Guide provides suggested approaches, it is not mandated that an lEA adopt this particular approach. lEAs may have alternative systems in place that they can continue to use, as long as they conform with requirements.


All students with disabilities, who qualify for special education services, must be considered for ESY eligibility at each IEP meeting. The type, amount, duration or location of those services may not be pre-determined or limited based on category of disability or severity of disability.

The basic steps in the ESY Decision Process are:

Step 1: Gather information

The first step in the ESY decision-making process is to gather the information that will be used by the IEP team to make the ESY decision. Reliable sources of information may include:

¦ Progress toward goals on consecutive IEPs.

¦ Progress reports maintained by educators, therapists and others having direct contact with the student before and after interruptions in education.

¦ Medical or other agency reports indicating degenerative-type difficulties, which become exacerbated during breaks in educational services.

¦ Observations and opinions by educators, parents and others.

¦ Results of tests including criterion-referenced tests, curriculum-based assessments, ecological life skills assessments and other equivalent measures.

¦ Data collected while monitoring student progress.

Information on a student’s progress on IEP goals and objectives should be collected all year long, especially just before and just after interruptions in educational programming. This information should also be reported to parents as part of the progress-reporting requirement. lEAs should report on progress of their students with disabilities at least as often as progress is reported for other students.

Data for the ESY determination need to provide information about the following factors:

¦ Regression / Recoupment — Regression refers to how much knowledge or how many skills a student loses due to a break in educational programming. Recoupment is how long it takes for the student to get that knowledge or those skills back to the level they were before the break.

Example: Before winter break, John knew his times tables up to 5’s. After break, he could only recite 2’s and 3’s. It took him 20 school days to relearn 4’s and 5’s.

Kind of data gathered: Progress monitoring reports on skill levels before and after breaks. Information on how long it takes for a student to relearn what was lost. Results of tests given before and after breaks.

¦ mastery — When a student is learning a crucial skill or series of steps necessary for the mastery of a skill, or when a student has not yet completed the number of repetitions necessary to master a skill and there is a break in the educational programming this would mean that student would have to re-learn all the necessary steps for mastery from the beginning.

Example: Philip is learning how to dress himself. He has learned all the steps except for the final step of fastening his shirt. It has taken him all year and innumerable repetitions to learn the process up to this point. His IEP meeting is this week. It is unlikely that Phil will learn the last step and have enough time to perform an adequate amount of repetitions to master this skill before the end of the school year.

Kind of data gathered: Progress monitoring information regarding his dressing goal. Tallies of repetitions necessary for mastery.

¦ Self-sufficiency and independence — Which skills are necessary for students to gain appropriate levels of self-sufficiency and independence so they are not dependent on a caregiver for basic needs? How do breaks in educational programming affect the mastery of such skills? How much regression occurs and what is the recoupment rate?

Example: In September, Serena was unable to make requests of any kind. Goals were implemented to address the initiation of requests for bathroom breaks, calming breaks, and/or snacks both in school and in Serena's work experience. In December Serena made unprompted requests 30 percent of the time and prompted ones 70 percent of the time. Following Christmas break, Serena did not return to these levels until late February.

Kinds of data gathered: Progress monitoring information from both settings.

¦ Successive interruptions — The extent to which successive interruptions in educational programming and the cumulative loss of skills and knowledge suffered during those interruptions in educational programming result in a student becoming so frustrated, lost or confused that the student withdraws from the learning process

Example: Jim is a student with multiple disabilities. His teachers and therapists have been working with Jim on toileting skills, from scheduled visits to the bathroom to self-initiated visits. During the spring break, Jim was self-initiating the need to go to the bathroom 50% of the time. After the break he regressed to 20 percent of the time.

Kinds of data gathered: Progress monitoring data on his toileting goals and objectives. Observational data on a checklist used by his teacher and his family.

¦ Severity of disability — Is the student’s disability severe, such as autism/pervasive developmental disorder, serious emotional disturbance, severe mental retardation, degenerative impairments with mental involvement or severe multiple disabilities?

Example: Jane has been identified as a student with autism and participates in an autistic support classroom. One of her goals is to learn to transition among daily routines. Progress monitoring data was collected before and after the holiday break. Jane lost 25 percent of her learned skills.

Kinds of data gathered: Information on Jane’s diagnosis and its severity can be found in her Evaluation Report. Other information that indicates her level of functioning could be found in reports from her therapists and observations from parents. Progress monitoring data was used to make the determination of how much time Jane needed to recoup after a break.

The attached "ESY Checklist" is intended as a tool for collecting data for Step 1 and is not a required component of the IEP process. tEchnical aSSiStancE DocumEntS / ExTENDED SCHOOl YEAR PROGRAMS: A GuIDE FOR IEP TEAMS 9

Step 2: Make the determination regarding ESY eligibility< /p> 

The ESY eligibility determination will be made by the IEP team at the IEP meeting. The following statements can provide guidance in making a decision:

¦ If after reviewing the factors listed above the IEP team considers it unlikely that the student will attain or maintain skills and behaviors relevant to IEP goals and objectives, the student is ESY eligible.

¦ If a child’s IEP team determines, on an individual basis, that ESY services are necessary for the provision of a Free Appropriate Public Education (FAPE) as outlined in the IEP, then the child is eligible.

¦ The IEP team will NOT consider the desire or need for any of the following as the basis for needing ESY services:

  • Day care or respite care services
  • A summer recreation program
  • Other programs or services which, while they may provide educational benefit, are not required to ensure the provision of FAPE

Step 3: Document the determination on the IEP format (see figures 1, 2, and 3 on the following pages).

Step 4: Issue the Notice of Recommended Educational Placement (NOREP), if appropriate

The Local Education Agency informs parents concerning ESY eligibility or ineligibility by issuing the NOREP. The NOREP only needs to be issued if the LEA is:

¦ Proposing to add ESY services to an IEP that previously did not have it

¦ Deleting the provision of ESY services from an IEP that previously did have it

¦ Refusing to initiate the provision of ESY services requested by the parent

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