Act 26 Guidance and Answers to FAQs
Per the October 2020 revisions to the Act 26 questions exampled on the PaTTAN annotated IEP, the following data must be collected annually:
- Does this student have a transition plan as part of the IEP? (YES/NO)
- Does the student have an outcome goal of Competitive Integrated Employment? (YES/NO)
- Did the student participate in a competitive integrated paid work experience? (YES/NO)
- Did the student participate in individual job coaching funded by the school in a paid work experience? (YES/NO)
- Upon exiting high school, was the student employed in a competitive integrated setting? (YES/NO)
Question number 5, should be collected through PaTTAN revised annotated
Summary of Academic and Functional Performance.
If an LEA had an IEP meeting prior to the Act 26 questions being revised in October 2020, should they go back and complete the questions as an IEP revision?
No. The Bureau of Special Education (BSE) is not requiring nor recommending a revision to any IEPs. The revised questions are intended to more accurately reflect the services that students are receiving as outlined in the current IEP. If you need to adjust the answers to the revised Act 26 questions to provide an accurate response, that does not necessitate an IEP revision.
When is the data submission for the revised Act 26 questions?
LEA will submit the Act 26 questions as part of the July 2021 PIMS Special Education Snapshot Collection, which is also known as the PIMS C4 Transition/Exiting Collection. Below is the collection timeline:
- Collection Window: 6/7/21 – 6/25/21
- Correction Window: 8/2/21 – 8/12/21
What is Competitive Integrated Employment?
Competitive Integrated Employment is work performed by an individual on a part-time or full-time basis, including self-employment within an integrated setting within the community. The individual must be compensated at minimum wage or higher, using the higher of the Federal, State, or local rate, and at a rate comparable to the wage paid to non-disabled workers performing the same tasks, including receiving the same benefits and opportunities for advancement. 29 U.S.C. § 3102(11).
Regarding question #4, does the job coaching work experience need to be paid?
For the response to be "yes", the student must be receiving job coaching paid for by the LEA in a paid work experience.
How does the LEA answer question #5 if the student is not graduating?
The LEA will answer "no" for any student that is not exiting high school or graduating.
Should a Summary of Performance be completed for students that drop out?
No. A Summary of Performance should be completed only for students that have received a high school diploma or reached maximum age of eligibility for FAPE. 34CFR 300.305(e)(3).