Create a New Student Referral

Sending LEAs can create a new student referral to place a student in an AEDY program. After the referral has been created, it must be submitted to the AEDY program before the student may be seated. 

Frequently Asked Questions

Q: What documents get uploaded into the student referral?

A: The *only* documents which get uploaded into the student referral are:

1. The informal hearing signature page (download a copy here)

   • Includes signatures from parent, student, and LEA administrator

   • If participated virtually/by phone, signature line reflect this (e.g. “participated via phone”)

2. A behavior log, if appropriate based on the criteria for referral

   • Ensure any identifiable information for non-referred students is removed!

3. EL-ILLP for students who are current English Learners

While other documents can and should be collected by the AEDY program, they must be provided by the Sending LEA via another method, e.g. secure email, fax, etc.

Q: When is it appropriate to place a student in an AEDY program?

A: "AEDY programs are designed for seriously and persistently disruptive students. By law, LEAs may refer to AEDY programs only students who pose a clear threat to the safety and welfare of other students or the school staff, who create an unsafe school environment or whose behavior materially interferes with the learning of other students or disrupts the overall educational process. The “disruptive” student will exhibit to a marked degree any or all of the following conditions: 

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 activities;

3. violent or threatening behavior on school property or during school-affiliated activities;

4. possession of a weapon on school property, as defined under 18 Pa. C.S. §912;

5. commission of a criminal act on school property or during school-affiliated activities and,

6. misconduct that would merit suspension or expulsion under school policy.

Only students in grades 6-12 are eligible for placement in an AEDY Program. Placement in an AEDY program should be considered only after all other options for improving behavior have been exhausted  [with exception for reasons 2, 3, and 4]. This includes the use of the school’s Student Assistance Program (SAP)." (AEDY BEC).

Truancy is no longer an acceptable reason for placement in an AEDY program (e.g. high number of absences, skipping classes, eloping from class, etc.).

Q: If the student has been identified as an English Learner, can they still be referred for placement?

A: First, consider the student's native language and culture as well as their adaptation to local culture and school rules. If the student meets the definition of disruptive and exhibits, to a marked degree, one or more of the behaviors in the question above, they may be referred to an AEDY program. Any student identified as English Learner must have an individualized English Learner plan (EL-ILLP) on file with the AEDY provider. See the EL-ILLP page for more information.

Also note that "ELs cannot be placed in an AEDY program that fails to provide English Language Development (ELD) services and English as a Second Language (ESL) services delivered by licensed ESL teachers" (AEDY BEC). It is ultimately the responsibility of the Sending LEA to ensure that the student's ELD services are provided.

Q: If the student receives special education services, can they still be referred for placement?

A: Yes - with some additional checkpoints. See the following information from the AEDY BEC: 

The sending LEA maintains the ultimate responsibility for ensuring that students receiving special education services in AEDY programs receive a free and appropriate public education (FAPE) that conforms to federal and state laws and regulations.

No student eligible for special education services pursuant to the IDEA shall be transferred to an AEDY program except in accordance with 34 C.F.R. §§ 300.530-300.536, 22 Pa. Code §14.143, and 22 Pa. Code § 711.61 (pertaining to charter schools). Students receiving special education services placed in an AEDY program must be appropriately supported in making progress toward the goals in their Individualized Education Program (IEP). Special education services must be provided to a student with a disability who has been removed from the student’s current placement and whose IEP Team has determined the educational setting, such as AEDY, is appropriate. Where students are removed from the current placement for more than 10 consecutive school days or 15 cumulative days and placed in an AEDY Program, they must:

1. Continue to receive educational services, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP; and

2. Receive, as appropriate, a functional behavioral assessment (https://www.pattan.net/Publications/Functional-Behavioral-Assessment) and behavioral intervention services and modifications that are designed to address the behavior violation so that it does not happen again.

Q: Is a manifestation determination required to place a student receiving special education services in an AEDY program?

A: Yes - see the following information from the AEDY BEC:

Before an LEA may effect a change in placement for disciplinary purposes, the student’s IEP Team must meet and determine whether the behavior for which the transfer is considered is a manifestation of the student’s disability; this assessment is called a manifestation determination. Within 10 school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct (except for a removal that does not constitute a change in educational placement i.e., is for 10 consecutive school days or less and not a change of placement), the LEA, the parent, and relevant members of the IEP Team (as determined by the parent and the LEA) must review all relevant information in the student’s file, including the student’s IEP, any teacher observations, and any relevant information provided by the parents to determine:

1. If the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability; or

2. If the conduct in question was the direct result of the LEA’s failure to implement the student’s IEP.

3. If the LEA, the parent, and relevant members of the student’s IEP Team determine that either of those conditions was met, the conduct must be determined to be a manifestation of the student’s disability.

4. If the LEA, the parent, and relevant members of the student’s IEP Team determine that the conduct in question was the direct result of the LEA’s failure to implement the IEP, the LEA must take immediate action to remedy those deficiencies. [Download a copy of the manifestation determination worksheet developed by the PA Department of Education here.] The school may not transfer the student until the IEP Team has met and determined whether the behavior was a manifestation of the student’s behavior.

Q: If the behavior is determined to be a manifestation of the student's disability, can the student still be placed in an AEDY program?

A: No - with three exceptions. See the following information from the AEDY BEC:

In specific circumstances regarding drugs, weapons and serious bodily injury, whether or not the behavior was a manifestation of the student’s disability, school personnel may remove a student to an interim alternative educational setting (determined by the student’s IEP Team) for up to 45 school days, if the student:

1. Carries a weapon (see the Definitions below) to school or has a weapon at school, on school premises, or at a school function under the jurisdiction of the LEA;

2. Knowingly has or uses illegal drugs (see the Definitions below), or sells or solicits the sale of a controlled substance, (see the Definitions below), while at school, on school premises, or at a school function under the jurisdiction of the LEA; or

3. Has inflicted serious bodily injury (see the definition below) upon another person while at school, on school premises, or at a school function under the jurisdiction of the State Educational Agency (SEA) or a LEA.

If one of the above exceptions applies, the student can be transferred to an AEDY program for up to 45 school days without a manifestation determination. See 34 C.F.R. §300.530(g). If the student is transferred, the IEP Team must determine what services the student will require while in the AEDY program in order to:

• participate in the general education curriculum and to progress toward the goals set out in his or her IEP, and

• receive, as appropriate, a functional behavioral assessment and behavior intervention services and modifications that are designed to improve the behavior that triggered the transfer.

Q: If the student has been convicted of a crime, is on probation, or is returning a from mental health services or residential placement, can the student be placed in AEDY?

A: Per the AEDY BEC, "Students returning from mental health services, a residential facility, or any other placement shall be presumed to return to their general education setting in their sending LEA.

When a student returns to a LEA from a delinquency or dependency placement, the LEA cannot automatically place a student in an AEDY program because the student had been an adjudicated delinquent. Each specific case must be examined on an individual basis. As with any other student being transferred to an AEDY program, students returning from delinquency placement are entitled to an informal hearing prior to being placed in an alternative education program.

The purpose of the hearing is to determine whether the student is currently fit to return to the general education classroom or currently meets the definition of a disruptive student. Factors a school should consider to determine whether the student is currently disruptive include: whether the incident causing the adjudication occurred at school or at a school-sponsored event, the student’s behavior in school while in placement, and the recommendations of teachers and other adults (such as juvenile probation officers and residential treatment staff) who have worked with the youth. Students often make significant progress while in placement and may be best served by returning to a general education classroom. Each case should be considered individually, based on the circumstances of a student at the time of return to the LEA.

AEDY programs may not be used as a transitional placement for a students that have been charged or convicted of a crime, returning from a mental health, or residential placement unless the student is currently disruptive as per 24 P.S. § 19-1901-C (5)."

Q: What documentation must be provided between the LEA and AEDY provider?

A: Depending upon the student's educational status, some documents will need to be gathered to ensure that the student's educational opportunities are continued in the AEDY program. Examples of documentation that need to be included are the student's IEP, 504 plan, individualized English Learner plan, pertinent medical records, etc. Contact your AEDY program for a complete list of required documentation. Note that the only documents uploaded to the Leader Services system by the Sending LEA is the informal hearing signature page, a behavior log (if appropriate), and the EL-ILLP if the student is a current English Learner.

Q: What has to happen before the student can be placed in an AEDY program?

A: Any student recommended for placement in an AEDY program must receive an informal hearing prior to placement. See the following information from the AEDY BEC:

All students recommended for placement in an AEDY Program must be provided with due process prior to placement including an informal hearing in accordance with 22 Pa. Code §12.8 (c). The informal hearing is held to bring forth all relevant information regarding the event for which the student may be placed in AEDY and for students, their parents or guardians and school officials to discuss concrete strategies for avoiding future offenses. The following due process requirements shall be observed in regard to the informal hearing:

1. Notification of the specific reasons for the recommendation of placement shall be given in writing to the parents or guardians and student.

2. Sufficient notice of the time and place of the informal hearing shall be given.

3. A student has the right to question any witnesses present at the hearing.

4. A student has the right to speak and produce witnesses on his or her own behalf.

5. The school entity shall offer to hold the informal hearing prior to placement in the program. However, if the student’s presence in the general education classroom poses a danger to persons or property or provides a disruption of the academic process, immediate placement in the approved AEDY program may occur with the informal hearing to follow.

6. Notifications and the hearing must be accessible to LEP parents, parents with disabilities, ELs and students with disabilities given their language needs and disabilities.

How to Create a Student Referral

If the student meets all requirements for placement, follow the steps below to create their referral:

Next, indicate if the student has ever been identified as habitually truant using the Yes/No radio buttons. If yes, be sure to include the date of the Truancy Elimination Plan (TEP) or Student Attendance Improvement Plan (SAIP) in the text box to the right of the radio buttons (letter B in the image above).

Then, indicate if the student has been identified as a special education student during the AEDY program intake/informal hearing process using the Yes/No radio buttons (letter C in the image above).

If applicable, you can add scores for the student's PSSA and Keystone Exams using the "Add Scores" button just above the box at the bottom of the page.

Finally, click the Yes or No button to indicate if the student has been expelled. If yes, enter the date the student is eligible to return to the LEA using the text box just below the buttons (letter D in the image above).

Next, use the text box marked "Nature and amount of English Learner services provided" to describe the student's existing individualized English Learner services (letter C in the image above). Finally, use the radio buttons marked "Student's Parent is LEP?" to indicate if the student's parents/guardians have Limited English Proficiency (LEP). If yes, use the text box to identify the language which will be needed for interpreting and/or translating.

When all demographic data is complete, click the "Save & Go to Next Section" button at the bottom of the page. You can also navigate between sections of the referral using the panel on the left side of the screen. Remember to save before moving on!

For example, a student who has a history of violation of school policy and rules but is ultimately being set to AEDY due to a drug policy violation for which the student has been expelled should be ranked #1 for criteria 2 (display of or use of controlled substances on school property or during school-affiliated activities) and #2 for criteria 6 (misconduct that would merit suspension or expulsion under school policy) and #3 for criteria 1 (disregard for school authority, including persistent violation of school policy and rules.

When referral data is complete, click the "Save & Go to Next Section" button at the bottom of the page.

(Step 5) This page requires entry of all the student's behaviors along with all interventions/disciplinary actions that were taken as a result of the behaviors. Each behavior incident should be entered separately along with all of the interventions that resulted from the behavior. 

To begin, click on "Add New Disruptive Behavior" on the Behaviors & Interventions page.

When you have completed the fields, click the "Save Behavior" button at the bottom of the screen.

When all behaviors have been entered with their interventions, click the "Go to Next Section" button below the behavior table.

Use the drop-down menu to indicate to what AEDY program the student is being referred (letter C in the image above). The drop-down menu is populated using your Sending LEA application.

Finally, use the File Upload Tool to upload a scanned copy of the informal hearing signature page (letter D in the image above). This upload must include the signatures of an LEA administrator, parent/guardian, and student as well as any other parties which were present during the hearing. If any party was unable to sign, include an explanation for why the signature line is blank (e.g. "refused to assign," "attended via zoom," etc.). A blank informal hearing signature page is available by selecting the button below.

When all fields are completed, click the "Save & Go to Next Section" button at the bottom of the page.

When all fields are completed, click the "Save & Go to Next Section" button at the bottom of the page.

(Step 8) Use the navigation bar on the left side of the screen to review each section of the referral and confirm that all fields are complete.