FSA 6: Students with Disabilities

Students with disabilities may not be considered for placement in an AEDY program unless all the special education procedural requirements have been met by the LEA and all special education/ 504 documents have been sent to the AEDY program prior to placement. Students with disabilities are referred to an AEDY program by an IEP team decision, unilateral removal for a weapon or drug violations, and/or inflicting serious bodily injury as mandated by Chapter 14, 711, and the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973.

Regulatory Base: 

To complete this section of the FSA in Leader Services, do the following:

Important documentation note (effective November 1, 2023): The Prior Written Notice for a Reevaluation and Request for Consent form has been separated into two forms, the Prior Written Notice for a Reevaluation form and the Request for Consent for a Reevaluation form (linked below). The form was separated into two forms to ensure that local educational agencies (LEAs) provide parents with prior written notice and obtain parent consent at proper times during the reevaluation process, in accordance with 34 CFR 300.300 and 300.503.

Click here for a video which explains the rationale for the change and how to use the two new forms.

Resources for Students with Disabilities

Video Transcript

Students with disabilities. This section of the FSA is inclusive of students who are thought to be, students who have IEPs, and students with 504 Plans, under Chapters 14 and 15, respectively.

slide: AEDY cyclical monitoring. FSA 6: students with disabilities.
slide: intake review. Completed manifestation determination review. Under IDEA 300.530g - may be a manifestation under special circumstances only. Chapter 14 paperwork (IEP). Invitation to participate, IEP or revised IEP, permission to evaluate/re-evaluate, most current evaluation, NOREP, if available FBA and/or PBSP. Chapter 15 paperwork (504): invitation to participate, 504 plan.

For students with disabilities, inclusive of students who are "thought to be," AEDY placement requires:

A Manifestation Determination Review. LEAs must not refer to AEDY Programs, and AEDY Programs must not accept, students with disabilities due to behavior or conduct which is caused by the student's disability, has a direct and substantial relationship to the student's disability, or was the direct result of the LEA's failure to implement the student's IEP or 504 Plan, with the except of the "special circumstances" whereby a student may be removed to an interim alternative educational setting for not more than 45 school days. Special circumstances are defined by federal law as a student who "carries a weapon to and possesses a weapon, on school premises, or at a school function under the jurisdiction of an SEA or a LEA;  knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of the SEA or LEA; has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of SEA or LEA" 34 C.F.R. § 300.530(g) or 300.532(b)(2)(ii), or when the student's parent and LEA agree to the AEDY placement pursuant to 34 C.F.R. § 300.530(f)(2).

The documents listed on this slide are required to be uploaded in the Leader System only during the monitoring window. Minimally 2 weeks prior to the administrative interview. Documents related to students with disabilities should not be uploaded in the Leader system under any other circumstances.

Where an AEDY placement is sought based upon "[d]isregard for school authority, including persistent violation of school policy and rules," 24 P.S. § 19-1901-C(5)(i) LEAs and AEDY Programs must be particularly careful to ensure they are referring and/or accepting students with a disability only when the student exhibits conduct to a "marked degree" as required under Pennsylvania law. Specifically, a student with a disability must not be placed in an AEDY Program under this placement category unless (a) the student has had multiple displays of such behavior, documented by the LEA; (b) the LEA has attempted and documented multiple unsuccessful evidence-based interventions, and the behavior persists; and (c) the LEA has conducted and documented the manifestation determination review. This document must be uploaded for each student with a disability that is in placement during the week of monitoring.

slide: AEDY referral cirteria 1. [d]isregard for school authority, including persistent violation of school policy and rules. LEAs and AEDY Programs must be particularly careful to ensure they are referring and/or accepting students with a disability only when the student exhibits conduct to a "marked degree" as required under Pennsylvania law.

We have provided the PaTTAN version of the Manifestation Determination Review worksheet that meets all regulatory requirements under Chapter 14. While the language in 504 and Chapter 15 simply state a Manifestation Review, we recommend either using the form or constructing a review form that includes the required review documentation and the verification the disciplinary act was NOT a manifestation of the child's disability and the LEA has implemented the 504 plan with fidelity. Additionally, our team has provided a sample intake checklist for AEDY programs to verify all documentation is in place prior to the student being seated in the program.

In the resource section below, we have provided the MDR training recorded previously by the team. In this training, the team walks through the regulatory requirements associated with a Manifestation Determination Review.