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LEA Responsibilities

Referral Criteria

24 P.S. § 19-1902-C(5) provides that an AEDY Program may only be used when all other established methods of intervention and/or discipline have been exhausted. Further, students placed in AEDY are limited only to those students who:

  1. Pose a clear threat to the safety and welfare of other students or the school staff; or
  2. Create an unsafe school environment; or
  3. Whose behavior materially interferes with the learning of other students or disrupts the overall educational process.
    AND
  4. Exhibit to a marked degree any or all of the following six criteria for placement:
    1. Disregard for school authority, including persistent violation of school policy and rules.
    2. Display or use of controlled substances on school property or during school-affiliated activities.
    3. Violent or threatening behavior on school property or during school-affiliated activities.
    4. Possession of a weapon on school property, as defined by the Crimes Code at 18 Pa.C.S. § 912 (relating to possession of weapon on school property).
    5. Commission of a criminal act on school property or during school-affiliated activities.
    6. Misconduct that would merit suspension or expulsion under school policy.

Unapproved Programs

The placing LEA is responsible to ensure, on an individual basis, that students with disabilities or ELs are not placed in unapproved discipline programs or any program that does not meet their education needs.

Pre-placement Documentation

The placing LEA is also responsible to maintain documentation describing all other established methods of intervention and/or discipline that have been exhausted prior to placing the student into an AEDY LEA In-house Program or AEDY Private Provider Program. All interventions and/or disciplinary efforts must be recorded on the AEDY Referral Form at the time of placement.

  1. Pre-placement Interventions and Referral to School Counselor
    The pre-placement interventions must be documented on the AEDY Referral Form even if the student is immediately placed in an AEDY Program due to the seriousness of the student's behavior.

  2. Student Assistance Program (SAP)
    It is recommended as a best practice for LEAs to offer and document a referral to a Student Assistance Program (SAP) before placement in an AEDY Program.

Physical Restraint Policy

If an AEDY Program chooses to use physical restraints, the LEA must coordinate and approve the AEDY Program's physical restraint policy in order to ensure the safety of all students.

To the extent that an AEDY Program uses restraints, the AEDY Program must:

    • Use restraints only as a measure of last resort and after less restrictive measures, including de-escalation techniques, have been used by personnel;
    • Modify its restraint policy and procedures, when necessary, to accommodate students with disabilities in compliance with federal and state laws, including prohibiting the use of prone restraints and requiring that restraints may only be included in a student's IEP if the student's parent(s) agree and when all other conditions are met by the IEP team as set forth in the Basic Education Circular on the Use of Restraints for Students with Disabilities;
    • Ensure that restraints are being administered by staff appropriately trained to use such procedures;
    • Ensure restraints are used in a manner that does not discriminate on the basis of disability and does not violate state laws prohibiting the use of corporal punishment;
    • Report restraints involving students with IEPs to PDE's Bureau of Special Education, as required by law; and
    • Maintain a log of restraints for PDE review.

It is recommended that LEAs consult with their legal counsel related to such policies.

  1. The physical restraint policy should include, at a minimum, the following:
    1. A clear and concise definition of what constitutes a physical restraint.
    2. The prohibition of locked rooms, locked boxes or other structures or spaces from which a student cannot readily exit.
    3. The prohibition of unreasonable use of restraints.
    4. Circumstances that do not constitute a restraint.
    5. Reasons for a restraint.
    6. The circumstances when restraints may be employed.
    7. Designate a specific time period after a physical restraint is administered that the AEDY Program should notify the placing LEA and the parent/guardian.
    8. Provide training on de-escalation policies and restraint techniques for all staff that are approved to implement restraints on students.

  2. Notwithstanding any agreed upon restraint policy between the LEA and AEDY Private Provider Program, the use of physical restraint of and procedures for reporting said restraints must be carried out in accordance with all applicable federal and state special education statutes and regulations.
    1. If an injury occurs and/or medical attention is necessary, the AEDY Program must report the injury as required by law.
    2. Data must be maintained and reported when restraints are used with every student.

  3. All restraints must be documented in a Restraint Log, which must include the following information:
    1. Date and time of restraint.
    2. Reason for the restraint.
    3. Type of restraint administered (description).
    4. Identity of the individual administering the restraint and information regarding his/her prior training in a certified de-escalation program (e.g., Safe Crisis Management, Nonviolent Crisis Intervention).
    5. Injury/Injuries sustained during the restraint, if applicable.
    6. Date and time of parental notification.
    7. Date and time of Children and Youth Services (CYS) notification, if applicable.

  4. The PDE AEDY Team will review all documentation concerning the restraint of any student in the AEDY Program during the site visit.

  5. With regards to special education students, the LEA and AEDY Program must follow all aspects of 22 Pa. Code §§ 14.133 and 711.46 (related to positive behavior support in public schools and charter schools, respectively), as it pertains to restraint policies and procedures for children with disabilities.

Student Search Policy

The LEA, in consultation with its solicitor, should coordinate and approve a student search policy in order to ensure the safety of all students.

  1. It is recommended that the student search policy include, but not be limited to, the following:
    1. A clear and concise definition of the purpose and scope of the Student Search Policy.
    2. The search techniques, instruments and processes the AEDY Program will utilize.
    3. The frequency of searches, such as if the searches will be conducted at certain times of the day and/or randomly.
    4. The staff to student ratio while conducting searches.
    5. The logistical plan for room coverage to allow supervision of all students.
    6. The handling of late arrivals to school.
    7. A definition for what constitutes contraband and what the seizure and return policy will be.
    8. Consideration of privacy concerns relative to students' gender, culture and religion.
    9. Training and education concerning policies and search techniques for all staff that are conducting student searches.

  2. Notwithstanding any agreed upon search policy between the LEA and AEDY Program, the search of students must be carried out in accordance with all local, state and federal laws.

  3. Sending LEAs should review the AEDY Program search policy and approve prior to student placement.

Collaboration

AEDY LEA In-house Programs must be developed in consultation with the faculty and administrative staff of the LEA, parents, and members of the community.