Date:

As a member of the Association of School Psychologists of Pennsylvania (ASPP), I am writing this letter to express my concerns regarding HR 2438 .

I share a commitment to advocate for and address the learning and mental health needs of the children and families in Pennsylvania. However, I oppose the placement of the Burden of Proof solely on the local education agency. I agree with Justice O’Connor’s opinion rendered in the U.S. Supreme Court ruling from 2005 (Schaffer v. Weast) that placed the Burden of Proof on the individual bringing the complaint. I have concerns that HR 2438 relies on a faulty assumption identified by Justice O’Connor in her majority opinion: “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 support 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. My and ASPP’s position is that the child is better served when the Local Education Agency and the family/guardian work collaboratively. The current and soon to be 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.

As one of the school personnel most intimately involved in both the evaluation and reevaluation processes, we have 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.

My position: Allow implementation of the new Chapter 14 regulations before considering alteration.

As a school psychologist and a member of the Association of School Psychologists of Pennsylvania (ASPP), I urge you Representative XYZ to consider these recommendations. Thank you for the opportunity to provide commentary on these important issues.

Sincerely,