Section 25-2509.15 - Special education accountability(a)(1) The Department of Education shall determine the form and manner in which school districts shall submit a special education plan and revisions, updates and amendments to the special education plan under this section. The special education plan shall be consistent with other existing plans and reports required by the Department of Education to the greatest extent possible. Special education plans shall be written in a manner that is easy to use and understand by parents and the public, including a general summary.(2) The Department of Education shall: (i) review the special education plans and revisions, updates and amendments;(ii) provide recommendations and technical assistance to school districts;(iii) approve or disapprove the plan within ninety (90) calendar days of receipt;(iv) provide a written explanation when disapproving a plan; and(v) provide guidance related to plan resubmission.(3) The Department of Education shall approve a special education plan and revisions, updates and amendments that in the determination of the Department of Education: (i) meet the requirements of this section;(ii) address the academic and developmental challenges for eligible students identified in the school district's most recent student achievement results and pursuant to performance indicators;(iii) describe programs and strategies that are most likelyto improve student outcomes in the school district; and(iv)describe policies of the school district to ensure that a student identified as having a disability is no longer identified as such if the student no longer qualifies under 22 Pa. Code Ch. 14 (relating to special education services and programs), or any successor regulation.(4) Upon disapproving a school district's special education plan, update or revision submitted under this section, the Department of Education may withhold the portion of the annual State increase in special education funding which exceeds the index until a written special education plan, update or revision is approved.(5) The Secretary of Education shall involve as appropriate in special education monitoring, support, intervention, technical assistance and special education plan review by the Department of Education, the staff in relevant offices, bureaus and divisions of the Department of Education, as well as any other resources as appropriate.(b)(1) Pursuant to the timetable set forth in section 218, each school district receiving an increase in its State special education funding allocation of more than the index shall update its special education plan by attaching the district's special education expenditures as reported on the annual financial reports and shall submit the updates and revisions to the Department of Education for approval under subsection (a). The Department of Education shall allow a district to meet the requirements of this section by adding the information as an appendix to the existing plan.(2) School districts shall use State funds for programs and supports that expressly benefit eligible students educated inthe least restrictive environment in accordance with Federal and State law and contribute to achievement of performance indicators.(3)The Department of Education shall identify resources for programs and supports that benefit eligible students and contribute to achievement of performance indicators and address the following areas or related areas:(i) curricula adaptation;(iii) assistive technology;(iv) school-wide positive behavior supports;(v) supplementary aids and services;(vi) professional development;(vii) reading services and supports;(viii) caseload management for special education teachers and related services personnel; and(ix) placing and serving eligible students in regular classrooms with supports in accordance with the individualized education program developed for each eligible student.(4) The Department of Education shall make the resources identified in paragraph (3) available to all educational entities in this Commonwealth.(c) Accountability for the effective use of resources to meet student needs shall also be provided in the following ways: (1) The Department of Education shall issue to the General Assembly a comprehensive annual report on special education funding, special education plans, the implementation of 22 Pa. Code § 14.104 (relating to special education plans) and other special education accountability issues for public school entities serving eligible students and this Commonwealth.(2) Upon disapproving a school district's special education plan, update or revision, the Department of Education may withhold the portion of the annual State increase in special education funding which exceeds the index until a written special education plan, update or revision is approved.(3)(i) The Department of Education shall: (A) review and monitor implementation of all special education plans, such as compliance with subsection (b) and 22 Pa. Code § 14.104;(B) provide support, intervention and technical assistance in school districts failing to meet student needs based on performance indicators or failing to comply with subsection (b);(C) post on its Internet website each school district's progress on meeting student needs based on performance indicators; and(D) determine whether to withhold up to five percent (5%) of all State special education funding for school districts identified under this clause while the identified problems remain unresolved.(ii) If the Department of Education determines that a school district is making substantial progress toward resolving the identified problems, it shall restore the withheld funding retroactively and continue to monitor the district for an additional two (2) years.(4)(i) To discourage the inappropriate overidentification of children for special education, the Department of Education shall automatically conduct a thorough review of the special education plan of any school district with a substantially higher ratio of eligible students in the district to its average daily membership for all students than the State average, as established by the Department of Education, and of any district where the ratio of eligible students in the school district to its average daily membership for all students in the most recent school year for which data is available has increased by more than ten percent (10%) over the previous year or of any district where the ratio has increased by an annual average of more than five percent (5%) during the most recent five-year period. The Department of Education may take remedial action, including withholding up to five percent (5%) of all State special education funding, if the Department of Education determines that a school district has overidentified children for special education.(ii)Nothing in this paragraph or any other provision of this act shall be construed to alter Federal or State law regarding the protections provided to an eligible student for receiving education in the least restrictive environment or alter the legal authority of individualized eduction program teams to make appropriate program and placement decisions for eligible students in accordance with the individualized education program developed for each eligible student.(d)In rendering a decision or determining remedial action under this section, the Department of Education shall consider extraordinary circumstances which a school district subject to review is experiencing, including a substantial reduction in Federal or State funds or other factors beyond the control of the school district. The Department of Education shall issue to any affected school district a notice specifying the Department of Education's decisions and actions under this section and the rationale for the decisions and actions. A school district may file a written response to the Department of Education about the Department of Education's decisions and actions regarding the district made under this section. The written response must be submitted to the Department of Education within thirty (30) calendar days of the Department of Education's notice or within thirty (30) calendar days of receiving the notice, whichever is later. The Department of Education shall consider the written response, consult with the school district and, within thirty (30) calendar days after receiving the written response, issue a written decision addressing the concerns and claims made in the written response, explaining the judgment of the Department of Education in response to these concerns and claims, and specifying the opportunity to appeal this matter to the Secretary of Education for a hearing under 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action) and 1 Pa. Code Pt. II (relating to general rules of administrative practice and procedure). If requested, the Secretary of Education shall convene a hearing within thirty (30) calendar days after receipt of a school district's hearing request. The Secretary of Education shall render a written hearing decision within thirty (30) calendar days following the hearing.(e) The Department of Education shall provide public access to the decisions, actions and reports made under this section.(f) Nothing under this section shall supersede or preempt any provisions of a collective bargaining agreement between a school entity and an employe organization in effect on the effective date of this section.(g) The requirements of this section shall be waived until the General Assembly appropriates special education funding above the amount of special education funding in the base year and on the effective date of the appropriation the requirements of this section shall apply for that school year and for each school year thereafter.Added by P.L. 12 2013 No. 3, § 3, eff. 4/25/2013.