ASPP’s Legislative Committee and You
The purpose of the ASPP Legislative Committee is to engage in advocacy on behalf of children, their families, and the profession of school psychology in the Commonwealth of Pennsylvania. ASPP’s Legislative Committee provides collective voice for professional concerns and dissemination of information and unified power in soliciting the assistance of State legislators and regulatory agencies, and in making known the needs and opinions of school psychologists as it relates to enhancing services to the children and families of Pennsylvania.
There are several ways in which we as an organization advocate. One method is by contacting our State Legislators. In order to insure that our voice is heard, the ASPP Legislative Committee may ask for your assistance when legislation is before the PA General Assembly. You would receive an email asking you to check the website where information on the legislation, ASPP’s response suggestions for how to advocate.
If you are unsure as to who your legislator is or how to contact them please use the following link.
Links to Assist:
www.legis.state.pa.us
In the top right corner of the PA General Assembly Homepage there is a field in which you enter your zip code and click “GO”. A page then appears listing all of the PA Senate and House members for your zip code. Simply click on the representative’s name and it will take you to his/her webpage that contains all of the contact information.
Additionally, we have provided a list of the current PA Senate and House Leadership, as well as the members of both the Senate and House Education Committees (Click Here to view.) and links to NASP’s Advocacy page.
Current Legislative Priorities
Currently, two bills have been introduced before the PA Senate and House Education Committees. The bills are SB 1414 and HR 2438. The bills are identical and recommend the placement of the Burden of Proof in due process solely on the local education agency and change the timeline for evaluations to 60 calendar days without exception (e.g., the timeline continues through the summer).
ASPP has taken a position opposing both of these bills and has notified both Chairman Rhoades (Senate Education Committee), Chairman Roebuck (House Education Committee), and Speaker of the House O’Brien. We are asking our members to contact their local representatives and urge them not to support SB 1414 and HR 2438.
Our reasoning for not supporting the placement of the Burden of Proof in due process is in agreement with Justice O’Connor’s opinion rendered in the U.S. Supreme Court ruling from 2005 (Schaffer v. Weast). ASPP believes that the Burden of Proof should be placed on the individual bringing the complaint. We have concerns that placing the Burden of Proof solely on the school district assumes that all IEP’s are invalid until proven to be appropriate. (Justice O’Connor in her majority opinion wrote, “Petitioners in effect ask this Court to assume that every IEP is invalid until the school district demonstrates that it is not. The Act (IDEA-IA) does not support this conclusion.”)
ASPP believes in and fully supports any efforts to enhance and sustain the rights of parents when advocating for their children, however placing the "burden of proof" solely on the Local Education Agency (LEA) will have the effect of encouraging frivolous litigation or even the use of litigation as the initial and primary means of problem-solving when in dispute with the school district. This ultimately does not serve the interests of the child, the family or the Local Education Agency.
ASPP’s position is that the child is better served when the Local Education Agency and the family/guardian work collaboratively. The recently enacted Chapter 14 regulations includes a viable process for dispute resolution and I would submit that this dispute resolution processes provides for substantial and equitable protections for the children, families and school districts in the state of Pennsylvania.
In respect to the timeline change without exception, ASPP has concerns that the new Chapter 14 regulations have yet to take effect and this bill would alter the Education Committee’s recommendations regarding timelines for evaluation and reevaluation for special education, by rendering the following language moot:
§ 14.123. Evaluation.
(b) In addition to the requirements incorporated by reference in 34 CFR [300.531—300.535] 300.301 (relating to initial evaluations), the initial evaluation shall be completed and a copy of the evaluation report presented to the parents no later than 60 school CALENDAR days after the agency receives written parental consent for evaluation, EXCEPT THAT THE CALENDAR DAYS FROM THE DAY AFTER THE LAST DAY OF THE SPRING SCHOOL TERM UP TO AND INCLUDING THE DAY BEFORE THE FIRST DAY OF THE SUBSEQUENT FALL SCHOOL TERM SHALL NOT BE COUNTED.
ASPP’s position: Allow implementation of the new Chapter 14 regulations before considering alteration.
We are asking you to contact your State Senator and Representative (can be found at www.legis.state.pa.us see previous page).
Thank you.
Jason A. Pedersen, Ph.D., NCSP
ASPP Legislative Chair