Section 14.155. Range of services

(a) The Department will ensure that options are available to meet the needs of children eligible for early intervention. The options may be made available directly by early intervention agencies or through contractual arrangements for services and programs with other agencies in the community, including preschools, provided that the other agencies are subject to the supervision or licensure of the Department of Public Welfare or licensed by the State Board of Private Academic Schools.

(b) The IEP team shall recommend early intervention services to be provided in the least restrictive environment with appropriate and necessary supplementary aids and services. The placement options may include one or more of the following:

(1) Early childhood environment. Services provided in a typical preschool program with noneligible young children.

(2) Early childhood special education environment. Services provided in a special education preschool program funded by the early intervention agency.

(3) Home environment. Services provided in the home.

(4) Services outside of the home environment. Services provided outside of the home environment.

(5) Specialized environment. Services provided in a specialized setting, including the following:

(i) An approved private school.

(ii) A residential school, residential facility, State school or hospital or special secure setting.

(iii) An approved out-of-State program.

(c) The duration of early intervention services, in terms of program days and years, must accommodate the individual needs of eligible young children.

(1) The duration of early intervention services shall be developed by each early intervention agency in accordance with the Mutually Agreed upon Written Arrangement (MAWA) and shall be included in the MAWA’s plan under § 14.104 (relating to educational plans).

(2) Some eligible young children may lose skills over breaks and have difficulty in regaining these skills as evidenced through child performance data. In those cases, the IEP team shall consider whether services should be provided during the break period to maintain skills.

(d) The caseloads of professional personnel shall be determined on the basis of the amount of time required to fulfill eligible young children’s IEPs. The following caseload requirements shall be used for preschool early intervention programs:

(1) Early intervention itinerant teachers. Teachers who provide services in a typical preschool, community program or the child’s home, shall have a caseload range of 20—40 children, based on the duration and frequency of service as indicated on each IEP.

(2) Early intervention classroom teachers. Early intervention classroom teachers, who provide specialized instruction in an early intervention classroom, may have up to 6 young children in their classroom and may have additional children up to a maximum of 11, provided that one additional teacher or paraprofessional is assigned to the classroom.

(3) Speech therapists. Speech therapists who provide services in classrooms, typical preschools, community programs or the child’s home shall have 25—50 children based on the duration and frequency of service as indicated on each IEP.

The provisions of this § 14.155 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575. Immediately preceding text appears at serial pages (279592) and (295327) to (295328).

Notation

Authority

The provisions of this § 14.155 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

Notes of Decisions

Least Restrictive Environment

The definition of the ‘‘mandated least restrictive environment’’ in this Commonwealth’s early intervention regulations differs significantly from that of IDEA, in that it specifically considers that for a preschool aged child, home may be the least restrictive environment. Delaware County Intermediate Unit v. Jonathan S., 809 A.2d 1051 (Pa. Cmwlth. 2002); appeal denied at 835 A.2d 710 (Pa. 2003).

Cross References

This section cited in 22 Pa. Code § 14.151 (relating to purpose).