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Frequently Asked Questions
Frequently Asked Questions
Q: What if another behavior of concern happens while a student is seated in AEDY?
A: If an incident that meets the criteria of an AEDY placement occurs *while a student is already placed in an AEDY program,* this is called a Secondary Incident.
Q: Why is it important to properly document secondary incidents?
A: When a student's time in AEDY is affected by a secondary incident, it is important to follow procedure and properly document the changes to their placement. This ensures that the LEA demonstrates the provision of due process requirements, adherence to special education procedures (if applicable), and accuracy in end of year reporting.
Q: What constitutes a secondary incident?
A: Secondary incidents are behaviors which meet the criteria to begin a *new* referral, meaning they are single incident behaviors. For example:
Criteria 2: Substance possession or use on school property or during school-affiliated activities.
Criteria 3: Violent or threatening behavior on school property or during school-affiliated activities (with serious bodily injury).
Criteria 4: Possession of a weapon on school property.
Q: What about Criteria 1 and 6?
A: Criteria 1 includes persistent violation of school policy and rules - these behaviors are very likely a continuation of the behavior that resulted in the original placement and would be expected to continue while seated. In this case, the student would likely not be meeting their required behavioral goal.
Criteria 6 is misconduct that would merit suspension or expulsion under school policy. Unless accompanied by criteria 2, 3 (with Serious Bodily Injury), or 4, these behaviors would fall under the same situation as Criteria 1 behaviors.
Q: What are some examples of a secondary incident?
A: Below are some examples that meet the criteria:
Possession of a THC vape
Possession of a gun or knife longer than 2.5 inches
Assault of another student causing serious bodily injury ("injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty" 18 USC § 2246 (4)).
Q: What are some non-examples?
A: The below do *not* meet the criteria for a secondary incident and should instead be addressed by regular program interventions and behavioral goals:
Regularly curses in class, leaves the classroom without permission, completes little to no work.
Punches out a window in the classroom door.
Engages in threatening behavior that leads to a restraint.
What Can an LEA do when a Secondary Incident Occurs?
What Can an LEA do when a Secondary Incident Occurs?
When a behavior meets the criteria for a secondary incident, the Sending LEA has local control over how to address it. There are two options:
Continue the original AEDY placement with no changes.
If the LEA decides this is in the student's best interest, nothing needs to be done to the referral. The Presumptive Exit Date (PED) does not change.
It may be appropriate to adjust in-program interventions.
This is most often chosen if the student has recently begun placement in AEDY or if the student is serving an expulsion.
For example, a student seated in October who is expelled through the end of the school year brings a THC vape to school in November.
Submit a new 45-day referral based on the new behavior.
This is at the LEA's discretion and requires from both the LEA and AEDY program. See the section below for instructions.
This choice requires a new informal hearing (and Manifestation Determination, for students with disabilities) and changes the student's PED.
How to Document a Secondary Incident Referral
How to Document a Secondary Incident Referral
When a secondary incident occurs and the LEA determines to pursue the additional referral, the steps below must occur for AEDY documentation. A printable version of the instructions along with a flowchart are available by selecting the buttons below.
All steps within IMS/Leader Services should occur on the same day. These steps are marked with a star emoji ⭐.
Step 1:
Step 1:
Notify the LEA of the incident on the *same day the behavior occurs.*
Step 2:
Step 2:
Within 10 days: The LEA will complete due process requirements of Informal Hearing procedures (22 Pa Code § 12.8 Hearings), if required, and the Manifestation Determination Review (MDR).
⭐Step 3:
⭐Step 3:
Once due process is completed, the AEDY program will "transfer to LEA" in the system and the LEA will accept and close the original referral.
⭐Step 4:
⭐Step 4:
LEA will create a new referral for the secondary incident, including all of the information noted above.
⭐Step 5:
⭐Step 5:
Submit the referral to the AEDY program.
⭐Step 6:
⭐Step 6:
AEDY Program will accept the student and new presumptive exit dates will be created in the Leader System.
Please note: the student does not return to the sending LEA during this time period. They may remain in the disciplinary placement while this process is occurring.
Please note: the student does not return to the sending LEA during this time period. They may remain in the disciplinary placement while this process is occurring.
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