Frequently Asked Questions

1. What is the difference between extended school year (ESY) services and summer school? Summer school is a general education program that is available to both general and special education students. There is no legal right to summer school. However, if a special education student is likely to substantially regress during the summer break then that student has a legal right to extended school year services which must be included in the student's IEP.
2. Does a special education student have to take a foreign language to graduate from high school? It depends. If the school district requires that all students take a foreign language in order to earn a school diploma then the presumption is that special education students will fulfill the same foreign language requirements as their general education peers. However, an IEP Team may find that the student should not take a foreign language.
3. Does my child have to go to school? Pennsylvania has a compulsory school law that requires children to begin school by age 8 and remain in school until age 17, unless they earn a high school diploma prior to age 17. This requirement may be met through public school attendance, private school attendance or home education.
4. How many special education students can be on a special education teacher's caseload? The answer depends on three factors: the amount of time the student spends in special education each school day, the specific disability the student has and the grade level of the student. A teacher can have between 8 -15 special education students who spend 80% or more of their school day in special education on their caseload depending on their grade level and disability. At the other extreme, special educators can have between 12- 65 students on their caseload if the special education students spend less than 20% of their school day in special education. The specific requirements can be found here.
5. My child who is on an IEP has been suspended for more than 10 days, is s/he entitled to services? Yes, if the suspension was for more than 10 consecutive school days or 10 - 15 cumulative school days in one school year. At that point the suspension is considered a change in special education placement and services must be provided. However, if a school district chooses to provide special education services to general education students during short term suspensions then special education students are also entitled to services during short term suspensions.
6. What is an Approved Private School? Approved private schools are potential placements for special education students who have disabilities that require them to be removed from the regular education environment so that they can receive an appropriate education.
7. Can my child be evaluated without my consent? No. A child may be screened without parental consent but a child may not be evaluated for special education eligibility without informed parental consent.
8. Can my child receive special education services without my consent? No. Parental consent is required prior to the district initiating special education services for a student.
9. The school district came to our IEP meeting with a "Draft" IEP and told me to sign it. Can they do that? No. An IEP needs to be developed at a Team meeting with all of the required Team participants. A Team member may bring a draft IEP for the Team to discuss and change, as appropriate.
10. I think my child may be gifted. What can I do to ensure that s/he gets an appropriate education? If you think that your child might be gifted then you may request that a multidisciplinary evaluation be conducted to determine eligibility for gifted education. In Pennsylvania, gifted students are entitled to specially designed instruction through a Gifted Individualized Education Plan (GIEP).
11. Does my preschool child, who has a disability, have to attend public school? No. Students may attend other types of programs or home instruction. However, if the parent unilaterally places the student in a program other than the one recommended by the IEP Team then the child may not be able to receive special education services.
12. What are the qualifications to be an instructional paraprofessional? An instructional paraprofessional must have 2 years of postsecondary studies, have at least an associates degree and pass a state or local assessment. Instructional paraprofessionals must also complete at least 20 hours of staff development annually.
13. What can an instructional paraprofessional do? An instructional paraprofessional can support and assist in providing instruction and services to students. A paraprofessional must always work until the direct supervision of a certified professional.
14. Who should I talk to if I am concerned about my child's education? First, you should talk to your child's teacher and special education case manager. If you still have concerns then you should speak with the building principal or district special education director. You can also contact the Pennsylvania Department of Education's ConsultLine at 1-800-879-2301.
15. Does the Department of Education ever monitor my school district for compliance with legal requirements? Yes. The Pennsylvania Department of Education monitors all school districts, charter schools and early intervention programs at least once every six years and sometimes more often if circumstances warrant it.
16. Can I visit and observe my child's classroom? Yes. Pennsylvania State Regulation §14.108 provides that parents have reasonable access to their child's classroom and that school districts (local education agencies) may set policies that define reasonable access.
17. I didn't know that special education could be an option for my child. Does the district have a responsibility to find students with disabilities? Yes, both federal and Pennsylvania regulations require school districts to engage in child find activities to locate and identify special education students.
18. My child keeps getting "time outs" or in school suspensions. Does the district have any responsibility to try and manage his behavior in the classroom prior to removing him? Yes, a Functional Behavioral Assessment (FBA) should be conducted and then the IEP Team should convene to review the results of the FBA and to develop a Positive Behavior Intervention Plan (BIP) to address the behaviors.
19. Can my child be suspended? Yes. However, if your child has been suspended for more than 10 consecutive days or for 15 or more cumulative school days then the IEP Team must convene because the suspension is considered a change in special education placement. Students with mental retardation who are suspended at all are considered to have a change in special education placement. The IEP Team must consider whether the behavior that led to the discipline was caused by the disability and whether the IEP has appropriate positive behavior interventions. Services for special education students must continue if a change of placement has occurred.
20. Is corporal punishment legal in Pennsylvania? No. While teachers, administrators and staff members may use reasonable force to defend themselves, other people or property, they may not physically punish a student.
21. My child's special education classroom is a converted broom closet in the basement and the general education classrooms are bright and airy. Can I request a different classroom? Special education classrooms may contain specialized equipment based on the needs of the students but they may not be inferior in quality to general education classrooms. Special education classrooms should be integrated with the rest of the school and in locations that were designed for instruction. If your child's classroom does not meet these requirements then you can raise your concerns with the building principal, the district special education director, the district superintendent or the Pennsylvania Department of Education.
22. Can I choose my child's specific teachers and service providers at an IEP meeting? No. Parents have the right to know the qualifications of the teacher or service provider. For example, you have the right to know whether a properly certified or licensed professional will be providing a service as opposed to a paraprofessional but parents do not have the right to choose specific personnel.
23. Is there a maximum age range of students that can be put in the same classroom? Pennsylvania State Regulation §14.146 provides that the maximum age range for students in grades K-6 should be 3 chronological years and the maximum age range for students in grades 7-12 should be 4 chronological years. However, an exception may be made for a student with disabilities if that exception is justified in his or her IEP.
24. Should my child have both an IEP and 504 Plan if s/he qualifies for both? No. That becomes confusing and is unnecessary. A 504 Plan should be used for a student with a disability who does not qualify for special education but may need accommodations.
25. Can I home school my child with disabilities? Yes, if certain requirements are met.
26. Does my child need to take the PSSA? Yes, your child needs to take the Pennsylvania System of School Assessment test. Your child's IEP Team should discuss your child's participation in this test and decide whether your child can take the PSSA without accommodations, with accommodations or whether your child should take an alternative assessment.
27. What happens to my child if s/he does not graduate with the rest of his or her class at age 18? Your child has the right to remain in special education until the end of the school year when the child turns 21.
28. Can my child participate in extracurricular activities? Yes. Special education students have the right to participate in extracurricular activities.
29. What do I do if I think my child has been discriminated against? If you believe your child has been discriminated against you may speak with district administrators or you may file a complaint with the Pennsylvania Department of Education or the United States Department of Education Office for Civil Rights.
30. I received the IEP Team meeting invitation and I am not available at the date and time of the meeting. Can the school district proceed without me? Not usually. The school district must make an attempt to secure parent participation and attendance at the meetings by scheduling meetings at a mutually agreeable time. Alternative means of participation (such as telephone or video conferencing) should also be considered. If, however, a parent repeatedly fails to attend meetings and the child is being denied a free appropriate public education as a result of that failure to attend meetings then the district may proceed without the parent in attendance.