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Students Eligible for Special Education Services

AEDY Programs must comply with all applicable federal and state laws and regulations pertaining to the education of students with disabilities, including the Individuals with Disabilities Education Act (IDEA), Section 504, and the American with Disabilities Act.  The sending LEA is responsible for ensuring that students with disabilities within AEDY Programs receive a free and appropriate public education (FAPE).

A student may not be removed to an AEDY Program if their behavior is a manifestation of their disability with the exception of the circumstances listed in 34 C.F.R. § 300.530(g) or § 300.532(b)(2)(ii), or when the student's parent and LEA agree to the change in educational placement pursuant to 34 C.F.R. § 300.530(f)(2). For all students eligible under IDEA and Section 504, the LEA must conduct and document a manifestation determination prior to a disciplinary change in educational placement.  For circumstances listed in 34 C.F.R. § 300.530(g), the LEA must conduct and document a manifestation determination within 10 days of the decision to change the educational placement. A copy of a recommended Manifestation Determination Worksheet is available on the Pennsylvania Training and Technical Assistance (PaTTAN) website at www.pattan.net, keyword "Manifestation Determination Worksheet."

Special Education Records

The following documents must be forwarded to the AEDY Program when a special education student is placed:

  1. Permission to Evaluate, Permission to Reevaluate or Agreement to Waive Reevaluation – with signatures.
  2. Evaluation Report or Reevaluation Report – with evaluator signatures for SLD students and list of evaluators for other disabilities.
  3. Invitation to Participate in the Individualized Education Program (IEP) Team Meeting Or Other Meeting – with signatures.
  4. Individualized Education Program (IEP) – with signatures.
  5. Notice of Recommended Educational Placement (NOREP) – with signatures.
  6. Functional Behavior Assessment (FBA), if available.
  7. Positive Behavior Support Plan (PBSP), if available.
  8. Manifestation Determination.

For additional information regarding special education students and AEDY Programs, please refer to PDE's Basic Education Ci​rcular (BEC) entitled Disciplinary Exclusions of Students Who Are Eligible for Special Education.