Skip to agency navigation
Skip to main content

Official Website

of the Commonwealth of Pennsylvania

    The .gov means its official.

    Local, state, and federal government websites often end in .gov. Commonwealth of Pennsylvania government websites and email systems use "pennsylvania.gov" or "pa.gov" at the end of the address. Before sharing sensitive or personal information, make sure you're on an official state website. 

    The Pennsylvania Department of Education (PDE) is committed to ensuring that Alternative Education for Disruptive Youth (AEDY) Programs across the Commonwealth provide high quality educational programs and behavioral interventions for students. The PDE AEDY Team provides oversight and technical assistance to local education agencies (LEAs) and AEDY Programs to ensure that students are placed in AEDY Programs only as a last resort after all other available supports and interventions have been exhausted. Placements in AEDY Programs are temporary. While in an AEDY Program, students continue to make academic progress towards graduation and work to remedy disruptive behavior through counseling and other behavioral interventions.

    The purpose of these guidelines is to provide information to LEAs and AEDY Programs so that they may perform their respective duties in accordance with applicable federal and state law and regulation, including the Public School Code of 1949, and PDE policies and procedures. While there is variation in design and types of programs, all must adhere to the requirements of the Public School Code of 1949 (24 P.S. §§ 19-1901-C et seq. & 24 P.S. §§ 19-1901-E et seq.) and these guidelines where applicable. Ultimately, the AEDY Guidelines are provided to assist schools and private providers in creating and maintaining AEDY Programs that best serve students' academic and behavioral needs.

    There are five sections included in the guidelines:

    Section One: Definitions of Terms
    Section Two: Contracts and Approvals
    Section Three: LEA Responsibilities, Information Hearings, English Language Learner Services, Special Education Services, Formerly Adjudicated or Convicted of a Crime, Returning from Another Placement, Returning to AEDY Placement
    Section Four: AEDY Program Requirements, Performance Measures and Accountability, Disclaimer
    Section Five: Appendix A - Public School Code

    There are five sections included in the guidelines:

    Alternative Education for Disruptive Youth (AEDY) Program
    A program approved by the Pennsylvania Department of Education (PDE) that is designed to provide a temporary placement for disruptive students in grades 6 through 12. Students placed in an AEDY Program continue to make academic progress towards graduation and work to remedy disruptive behavior through counseling and other behavioral interventions.  AEDY placements are used only as a last resort, after all other behavioral interventions have failed to remedy the student's disruptive behavior(s).

    AEDY LEA In-house Program
    A PDE-approved AEDY Program operated by an LEA or LEAs (including vocational/technical schools, charter schools or intermediate units) designed to provide a sound educational course of study and counseling for disruptive students who are removed from the regular education setting.

    AEDY Private Provider Program
    A PDE-approved AEDY Program operated by an individual, a for-profit entity, or a not-for-profit entity designed to provide a sound educational course of study and counseling for disruptive students who are removed from the regular education setting. An AEDY Private Provider Program must comply with the requirements of the Public School Code (including 24 P.S. §§ 19-1901-C et seq. and 24 P.S. §§ 19-1901-E et seq. where applicable). PDE approval does not constitute a license or an accreditation. Private Providers do not have authority to operate a school but are permitted to contract with LEAs to provide services for students placed by LEAs in AEDY Private Provider Programs.

    Controlled substance
    A drug or other substances as defined in the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §780-104) or as identified under schedules I, II, III, IV or V of the Controlled Substances Act (21 U.S.C. § 812(c)).

    Disproportionality
    Disproportionate representation, or disproportionality, refers to the overrepresentation of a given population or demographic group (e.g., race, ethnicity, students with disabilities, and gender).

    Disruptive Student
    As defined by the Public School Code (24 P.S. § 19-1901-C(5)), a student in grades 6 through 12:

    • who poses a clear threat to the safety and welfare of other students or the school staff; or
    • who creates an unsafe school environment; or
    • whose behavior materially interferes with the learning of other students or disrupts the overall educational process.

    Additionally, the student must 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.1
    2. Display or use of controlled substances on school property or during school-affiliated activities.
    3. Violent or threatening behavior on school property or during school-affiliated activities.
    4. Possession of a weapon on school property, as defined by the Crimes Code at 18 Pa.C.S. § 912 (relating to possession of weapon on school property).
    5. Commission of a criminal act on school property or during school-affiliated activities.
    6. Misconduct that would merit suspension or expulsion under school policy.

    Formal Periodic Review
    AEDY LEA In-house and Private Provider Programs are required to conduct formal periodic reviews of every student placed in an AEDY Program. This review must occur, at a minimum, prior to the Presumptive Exit Date that the student is in the AEDY Program. The purpose of this review is to determine whether the student is ready to transition back to the regular education setting.  (24 P.S. § 19-1901-C)(1)).

    Presumptive Exit Date
    PDE has established a 45-day presumptive exit date to ensure that students do not remain in placement beyond 45 days without a review of progress and a deliberate decision for continuation in the program.  Students meeting behavioral goals should transition back to the regular education setting, and students not meeting behavioral goals may remain in the AEDY Program with their progress reviewed prior to the second Presumptive Exit Date.

    Weapon
    "Weapon" is defined by the Crimes Code at 18 Pa.C.S. § 912 (relating to possession of weapon on school property).

    _________________________________________

    1A 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 that the behavior persists; and (c) the LEA has conducted and documented compliance with applicable IDEA procedure.

    Contracting with an AEDY Program

    Contracts with an External AEDY LEA In-house and/or AEDY Private Provider Program

    LEAs may enter agreements with other LEAs that operate a PDE-approved AEDY Program or with a Private Provider that operates a PDE-approved AEDY Program.  LEAs that wish to contract with an approved AEDY LEA In-house Program or AEDY Private Provider Program must submit an AEDY Program application to PDE for approval before placing students in the program.  All AEDY Program applications shall be renewed by June 30 of every odd-numbered year.

    It is the responsibility of the LEA that chooses to contract with an AEDY Program to ensure that the LEA or Private Provider is qualified to perform the contracted services and conduct ongoing reviews of the LEA or Private Provider to ensure compliance with applicable law, including the Public School Code (24 P.S. §§ 19-1901-C et seq. and 24 P.S. §§ 19-1901-E et seq.) and with the AEDY Guidelines. The list of PDE-approved AEDY Programs is available on PDE's website.

    Program Approvals

    AEDY LEA In-house Program
    LEAs must submit an initial application to PDE for review and approval before operating an AEDY LEA In-house Program. Each AEDY LEA In-house Program must submit an application for reevaluation every two years to maintain approval. All LEA In-house applications must be renewed by June 30 of every odd-numbered year.

    AEDY Private Provider Programs
    Private Providers must submit an initial application to PDE for review and approval before operating an AEDY Private Provider Program. Each AEDY Private Provider Program must submit an application for reevaluation every three years to maintain approval.

    Physical/Initial Site Visit
    PDE will visit all AEDY Program sites seeking to (1) establish an AEDY Program, (2) open a new site/location, or (3) relocate to a new site/location. PDE will review information related to facility floor plan as well as student safety policies and procedures. No action may be taken to operate the program until PDE's review is complete and approval for the proposed action is granted.

    Denial of Initial Application
    PDE may deny an application if the information submitted indicates the AEDY Program is not operating within applicable federal and state laws and regulations and the AEDY Guidelines.

    Provisional Status
    PDE may place AEDY Programs in provisional status. Provisional status is a temporary status indicating that the AEDY Program is not in compliance with the law, including 24 P.S. §§ 1901-C et seq. and 1901-E et seq., and/or the AEDY Guidelines. The time period for submission of required improvements will be determined by PDE. Failure to complete the required improvements in the established time period may result in the denial of an application.

    Revocation of Approval
    PDE may initiate action to revoke an AEDY Program's approval at any time due to failure to follow applicable federal and state laws and regulations and/or AEDY Guidelines.

    Program Revisions
    AEDY Programs must receive PDE approval prior to implementing any proposed program changes.

    Closing a Program or Site

    1. AEDY LEA In-house Program
      Notification to PDE of any program closures is mandatory. A signed letter on LEA letterhead from the Superintendent or Executive Director or a copy of the board meeting minutes must be provided to the PDE AEDY Office indicating the following: effective date of closure, reason for closure, and the exit/transition plan for students currently placed in the AEDY Program. The LEA must also provide copies of the letters sent to any other LEAs that placed students in the program. Notification is due to the PDE AEDY Team at least 30 days prior to the date of closure.
    2. AEDY Private Provider Program
      Notification to PDE of any program closures is mandatory. A signed letter on company letterhead from an authorized representative must be provided to the PDE AEDY Office indicating the following: effective date of closure, reason for closure, and the exit/transition plan for students currently placed in the AEDY Private Provider Program. The Private Provider must also provide copies of the letters sent to the sending LEAs notifying them on the closure. Notification is due to PDE at least 30 days prior to the date of closure.

    Program Monitoring Visits

    The PDE AEDY Team will conduct site visits under two conditions: cyclical monitoring and risk-based system monitoring. Under the risk-based system, sites at which (1) complaints have been filed or (2) data/information evidencing noncompliance has been received will receive priority in the site visit monitoring cycle.

    Unless an on-site monitoring visit is triggered by a complaint or otherwise warrants an unannounced visit, AEDY Programs will receive written notification from the PDE AEDY Team notifying them of the program site visit date. Programs will also receive an online pre-site Facilitated Self-Assessment that must be completed prior to the scheduled visit. 

    Prior to the site visit, the PDE AEDY Team will seek input through the online system directed to:

    • LEA and AEDY representatives, and
    • Parents of students currently enrolled in the AEDY Program.

    During the site visit, the PDE AEDY Team may conduct the following activities:

    • Tour of the facility,
    • Review of student files,
    • Interviews with program staff and students,
    • Review of the Facilitated Self-Assessment and requested documents:
      • Student roster
      • Student schedule
      • Two weeks of attendance
      • School calendar
      • Program handbook
      • Code of conduct
      • 45-Day Formal Periodic Review and Exit/Transition Document
      • Physical restraint log
      • Staff certifications (administrators, teachers, counselors)
      • FBI clearances (all AEDY staff)
      • PSP criminal record check (all AEDY staff)
      • Child Abuse Clearance (all AEDY staff)
      • Act 126 Mandated Reporter date of completion (all AEDY staff)
      • Behavior Management Professional Development (all AEDY staff)
      • De-escalation/Restraint Training,
    • An exit meeting with AEDY Program staff and LEA representatives to offer technical assistance or review any expected improvements, and
    • Other activities determined appropriate by the PDE AEDY Team.

    As part of the above listed activities, the PDE AEDY Team may review the following documents and processes:

    1. Program Application
      1. Program Description
      2. Hours of Instruction (Academic and Counseling)
      3. Staffing and Support
      4. Assessments
      5. Academic Delivery Model and Procedures
      6. Required Courses and Electives
      7. Counseling
      8. Crisis Prevention Plan
      9. 45-Day Formal Periodic Review and Exit/Transition Document
      10. EL Service Plan and Translation Services
      11. Local Complaint Resolution Process
      12. Evidence-based School-wide Positive Behavior Support Framework
      13. Other materials determined appropriate by the PDE AEDY Team
    2. AEDY Referral including Presumptive Exit Dates

    Following the monitoring on-site visit, the PDE AEDY Team will provide a written summary of the results and any required corrective action and/or recommended areas for improvement.

    Referral Criteria

    24 P.S. § 19-1902-C(5) provides that an AEDY Program may only be used when all other established methods of intervention and/or discipline have been exhausted. Further, students placed in AEDY are limited only to those students who:

    1. Pose a clear threat to the safety and welfare of other students or the school staff; or
    2. Create an unsafe school environment; or
    3. Whose behavior materially interferes with the learning of other students or disrupts the overall educational process.
      AND
    4. Exhibit to a marked degree any or all of the following six criteria for placement:
      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-affiliated activities.
      3. Violent or threatening behavior on school property or during school-affiliated activities.
      4. Possession of a weapon on school property, as defined by the Crimes Code at 18 Pa.C.S. § 912 (relating to possession of weapon on school property).
      5. Commission of a criminal act on school property or during school-affiliated activities.
      6. Misconduct that would merit suspension or expulsion under school policy.

    Unapproved Programs

    The placing LEA is responsible to ensure, on an individual basis, that students with disabilities or ELs are not placed in unapproved discipline programs or any program that does not meet their education needs.

    Pre-placement Documentation

    The placing LEA is also responsible to maintain documentation describing all other established methods of intervention and/or discipline that have been exhausted prior to placing the student into an AEDY LEA In-house Program or AEDY Private Provider Program. All interventions and/or disciplinary efforts must be recorded on the AEDY Referral Form at the time of placement.

    1. Pre-placement Interventions and Referral to School Counselor
      The pre-placement interventions must be documented on the AEDY Referral Form even if the student is immediately placed in an AEDY Program due to the seriousness of the student's behavior.

    2. Student Assistance Program (SAP)
      It is recommended as a best practice for LEAs to offer and document a referral to a Student Assistance Program (SAP) before placement in an AEDY Program.

    Physical Restraint Policy

    If an AEDY Program chooses to use physical restraints, the LEA must coordinate and approve the AEDY Program's physical restraint policy in order to ensure the safety of all students.

    To the extent that an AEDY Program uses restraints, the AEDY Program must:

    • Use restraints only as a measure of last resort and after less restrictive measures, including de-escalation techniques, have been used by personnel;
    • Modify its restraint policy and procedures, when necessary, to accommodate students with disabilities in compliance with federal and state laws, including prohibiting the use of prone restraints and requiring that restraints may only be included in a student's IEP if the student's parent(s) agree and when all other conditions are met by the IEP team as set forth in the Basic Education Circular on the Use of Restraints for Students with Disabilities;
    • Ensure that restraints are being administered by staff appropriately trained to use such procedures;
    • Ensure restraints are used in a manner that does not discriminate on the basis of disability and does not violate state laws prohibiting the use of corporal punishment;
    • Report restraints involving students with IEPs to PDE's Bureau of Special Education, as required by law; and
    • Maintain a log of restraints for PDE review.

    It is recommended that LEAs consult with their legal counsel related to such policies.

    1. The physical restraint policy should include, at a minimum, the following:
      1. A clear and concise definition of what constitutes a physical restraint.
      2. The prohibition of locked rooms, locked boxes or other structures or spaces from which a student cannot readily exit.
      3. The prohibition of unreasonable use of restraints.
      4. Circumstances that do not constitute a restraint.
      5. Reasons for a restraint.
      6. The circumstances when restraints may be employed.
      7. Designate a specific time period after a physical restraint is administered that the AEDY Program should notify the placing LEA and the parent/guardian.
      8. Provide training on de-escalation policies and restraint techniques for all staff that are approved to implement restraints on students.
    2. Notwithstanding any agreed upon restraint policy between the LEA and AEDY Private Provider Program, the use of physical restraint of and procedures for reporting said restraints must be carried out in accordance with all applicable federal and state special education statutes and regulations.
      1. If an injury occurs and/or medical attention is necessary, the AEDY Program must report the injury as required by law.
      2. Data must be maintained and reported when restraints are used with every student.
    3. All restraints must be documented in a Restraint Log, which must include the following information:
      1. Date and time of restraint.
      2. Reason for the restraint.
      3. Type of restraint administered (description).
      4. Identity of the individual administering the restraint and information regarding his/her prior training in a certified de-escalation program (e.g., Safe Crisis Management, Nonviolent Crisis Intervention).
      5. Injury/Injuries sustained during the restraint, if applicable.
      6. Date and time of parental notification.
    4. Date and time of Children and Youth Services (CYS) notification, if applicable.
      The PDE AEDY Team will review all documentation concerning the restraint of any student in the AEDY Program during the site visit.
    5. With regards to special education students, the LEA and AEDY Program must follow all aspects of 22 Pa. Code §§ 14.133 and 711.46 (related to positive behavior support in public schools and charter schools, respectively), as it pertains to restraint policies and procedures for children with disabilities.

    Student Search Policy

    The LEA, in consultation with its solicitor, should coordinate and approve a student search policy in order to ensure the safety of all students.

    1. It is recommended that the student search policy include, but not be limited to, the following:
      1. A clear and concise definition of the purpose and scope of the Student Search Policy.
      2. The search techniques, instruments and processes the AEDY Program will utilize.
      3. The frequency of searches, such as if the searches will be conducted at certain times of the day and/or randomly.
      4. The staff to student ratio while conducting searches.
      5. The logistical plan for room coverage to allow supervision of all students.
      6. The handling of late arrivals to school.
      7. A definition for what constitutes contraband and what the seizure and return policy will be.
      8. Consideration of privacy concerns relative to students' gender, culture and religion.
      9. Training and education concerning policies and search techniques for all staff that are conducting student searches.
    2. Notwithstanding any agreed upon search policy between the LEA and AEDY Program, the search of students must be carried out in accordance with all local, state and federal laws.
    3. Sending LEAs should review the AEDY Program search policy and approve prior to student placement.

    Collaboration

    AEDY LEA In-house Programs must be developed in consultation with the faculty and administrative staff of the LEA, parents, and members of the community.

    Before a student is placed in an AEDY Program, the student must be provided with an informal hearing in accordance with the 22 Pa. Code § 12.8(c). The purpose of the informal hearing is to enable the student to meet with the appropriate school official to explain the circumstances surrounding the event for which the student is being disciplined and to determine whether or not the student should be disciplined.

    The following requirements must be observed and documented through the AEDY Student Referral Process and must be available for review during site visits conducted by the PDE AEDY Team:

    1. Notification of the specific reasons for the removal from the regular education setting must be provided in writing to the parents or guardians and the student;
    2. Sufficient notice of the time and place of the informal hearing must be given;
    3. A student has the right to question any witnesses present at the hearing;
    4. A student has the right to speak to and produce witnesses on his or her own behalf; and
    5. The school entity shall offer to hold the informal hearing prior to placement in the AEDY Program.  If the student's presence in the regular education setting poses a continuing danger to persons or property or provides an ongoing disruption of the academic process, immediate placement in the approved AEDY program may occur with the informal hearing to follow.  The exception is generally discouraged and should be limited only to the most serious, ongoing infractions.

    The education of students whose dominant language is not English is the responsibility of the LEA. Regulations require the LEA to provide a program for every student who is an English Learner (EL).  22 Pa. Code § 4.26. 

    The sending LEA maintains the ultimate responsibility for ensuring that EL students in AEDY Programs receive EL services and education that conforms to federal and state law.

    AEDY Programs must comply with all applicable federal and state laws and regulations pertaining to the education of students identified as EL.  ELs are entitled to equal access to the general education curriculum via modifications and adaptations to and accommodations for instruction and assessments as well as planned instruction in English language development. Beginning on July 1, 2019, LEAs must certify to PDE in the online application that ELs in AEDY Programs are provided with services in accordance with federal and state laws and regulations.

    When an EL is educated in an AEDY Program, he/she must:

    1. Receive a 45-day Presumptive Exit Date,
    2. Receive planned English language development instruction by a certified ESL/Bilingual Education teacher (Program Specialist ESL Certification), and
    3. Receive adaptations/modifications in the delivery of content instruction and assessments by all teachers based on the student's language proficiency levels and the Pennsylvania English Language Development Standards (PA ELDS) Framework for ELs as well as the Pennsylvania Academic Standards.

    When an EL is educated in an AEDY Program, the sending LEA must:

    1. Provide PDE with a copy of their EL Service Plan if the AEDY Program is providing the EL instruction.
    2. LEAs are responsible to ensure AEDY Programs have plans that give due consideration to the following requirements and program recommendations: 
    ​Requirements
    		​Program
    		​Plan

    1. ​Identification of ELs

    		​Follow the PDE English Learner Identification Procedures grades K-12 (PDF)
    		​

    2. ​Assessment of ELs

    • Determine need for instruction
    • Place in appropriate program of instruction
    		Follow the PDE English Learner Identification Procedures grades K-12 (PDF) and identify the process in the plan
    • Appropriate state-mandated screening test (Kindergarten W-APT and WIDA Screener for Grade 1-12)
    • Multiple criteria for placement/exemption (Step 4, p. 3)
    • Identify home language proficiency if applicable (p. 5)
    • Investigate prior schooling experience to identify students with limited or interrupted formal education (LIFE) on p. 6
    		​

    3. Provide Instruction

    • Direct, appropriate, sufficient
    • Designed for students' needs
    • Based on current practices
    • Appropriate staffing
    • Appropriate materials​
    		​Develop Instructional Plan
    Identify the program model (p. 11-13) Refer to ESL Guide for Administ​rators​
    • Schedule daily English Language Development (ELD) instruction based on English language proficiency
    • Hire/Contract teachers with ESL Program Specialist Certificate
    • Assessment plan
    • Research-based ELD best practices
    • Identify what is taught (curriculum)
    • Identify appropriate materials to scaffold instruction for ELs: Scaffoldi​ng Instruction for English Language Learners: Resource Guides for English Language Arts and Mathematics​
    • Describe available opportunities (tutoring and afterschool programs, extra-curricular activities, etc.)
    • Train and support staff (Professional Development Plan)
    		​

    4. Ensure integration

    • Instructional integration
    • Social integration​
    • ​Describe access to programs and services (Gifted, Extra Curricular, Special Education, Vocational, etc.)
    • Ensure scaffolding based on English language proficiency levels 
    • Integrate ELs with same-age peers
    		​

    3. Ensure that parents/guardians are provided with translation and interpretation services.

    When an EL is educated in an AEDY Program, the provider must:

    1. Provide PDE with a copy of their individual EL Service Plan if they are providing the EL instruction.
    2. Ensure that parents/guardians are provided with translation and interpretation services.

    AEDY Programs must comply with all applicable federal and state laws and regulations pertaining to the education of students with disabilities, including the Individuals with Disabilities Education Act (IDEA), Section 504, and the American with Disabilities Act.  The sending LEA is responsible for ensuring that students with disabilities within AEDY Programs receive a free and appropriate public education (FAPE).

    A student may not be removed to an AEDY Program if their behavior is a manifestation of their disability with the exception of the circumstances listed in 34 C.F.R. § 300.530(g) or § 300.532(b)(2)(ii), or when the student's parent and LEA agree to the change in educational placement pursuant to 34 C.F.R. § 300.530(f)(2). For all students eligible under IDEA and Section 504, the LEA must conduct and document a manifestation determination prior to a disciplinary change in educational placement.  For circumstances listed in 34 C.F.R. § 300.530(g), the LEA must conduct and document a manifestation determination within 10 days of the decision to change the educational placement. A copy of a recommended Manifestation Determination Worksheet is available on the Pennsylvania Training and Technical Assistance (PaTTAN) website at www.pattan.net, keyword "Manifestation Determination Worksheet."

    Special Education Records

    The following documents must be forwarded to the AEDY Program when a special education student is placed:

    1. Permission to Evaluate, Permission to Reevaluate or Agreement to Waive Reevaluation – with signatures.
    2. Evaluation Report or Reevaluation Report – with evaluator signatures for SLD students and list of evaluators for other disabilities.
    3. Invitation to Participate in the Individualized Education Program (IEP) Team Meeting Or Other Meeting – with signatures.
    4. Individualized Education Program (IEP) – with signatures.
    5. Notice of Recommended Educational Placement (NOREP) – with signatures.
    6. Functional Behavior Assessment (FBA), if available.
    7. Positive Behavior Support Plan (PBSP), if available.
    8. Manifestation Determination.

    For additional information regarding special education students and AEDY Programs, please refer to PDE's Basic Education Ci​rcular (BEC) entitled Disciplinary Exclusions of Students Who Are Eligible for Special Education.

    An LEA may not automatically place a student in an AEDY LEA In-house Program or an AEDY Private Provider Program merely because the student is or was under the jurisdiction of the juvenile court or judged to have committed a crime under an adult proceeding. Each student's specific circumstances must be examined on an individual basis, the student must meet the definition of "disruptive student," and must be provided with an informal hearing.

    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. 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).  As with any other student being transferred to an AEDY Program, students returning from placement are entitled to an informal hearing prior to and only if the definition of "disruptive student" is met before placement in an alternative education program.

    Students returning from Children and Youth placements, Residential Treatment Facilities, moving into a new district from another district and/or moving into district from another state may be placed into an AEDY Program in accordance with 24 P.S. §§ 19-1901-C et seq. after an informal hearing and only if the definition of "disruptive student" is met.

    Students who were placed in an AEDY Program prior to removal to another placement may be returned to the AEDY Program in accordance with 24 P.S. § 19-1901-C et seq. after an informal hearing and only if the definition of "disruptive student" is met.

     In order to receive approval to operate and/or place students into an AEDY Program, applicants must demonstrate how they will meet the requirements of applicable laws and the AEDY Guidelines. LEAs remain accountable for their students' progress in AEDY Programs, regardless of whether students are placed in the LEA's own In-house AEDY Program, placed in another AEDY LEA In-house Program, or placed in an AEDY Private Provider Program. LEAs must hold the AEDY Programs that serve their students accountable for adhering to academic standards and meeting students' academic and behavioral goals.

    Application Fees

    1. All AEDY LEA In-house Programs must submit a fee of $400.00 per site to the Commonwealth of Pennsylvania for each application submitted.  Applications must be resubmitted every two years. All LEA In-house applications must be renewed by June 30 of every odd-numbered year. 
    2. All AEDY Private Provider Programs must submit a fee of $1000.00 per site to the Commonwealth of Pennsylvania for each location.  Applications must be submitted for reevaluation every three years to maintain approval.

    Days and Annual Hours of Operation

    AEDY Programs must operate five days per week, at least 180 school days per year, and provide a minimum of 990 hours of instruction per year or 27.5 hours per week.  Program applications that do not satisfy the following requirements will not be accepted by the online system. In the event a program cannot meet the requirements, you must contact the AEDY Office. 

    The required 990 hours must include at least:

    • 20 hours of academic instruction including:
      • Math
      • Science
      • Social studies
      • English/Language Arts
      • Health or Life Skills
    • 2.5 hours of counseling.
    • Electives (Effective 2019/20 School Year).
      Note: Electives must be offered within the AEDY Program. 
    • Implementation of an evidence-based behavior modification program.

    PDE recommends that AEDY Programs maintain the same schedule and hours of operation as the regular education setting.  By aligning AEDY Program and LEA hours, AEDY students are able to transition back to the regular education setting in an efficient manner.

    Blended Instruction

    If AEDY Programs utilize blended instruction, incorporating both computer-based and direct instruction, programs must demonstrate that students are receiving grade-appropriate instruction in required subjects.

    Personalized Learning

    It is recommended that AEDY Programs utilize personalized learning approaches when designing curricula and education for students. 

    Academic Assessment and Programming

    An academic assessment evaluates individual student growth in the core subjects in relationship to Chapter 4 of 22 Pa. Code. Each AEDY Program should use a combination of various teaching and assessment types.  Types of assessments may include aptitude, achievement, diagnostic, screening, and neuropsychological. These assessments should guide individualized academic program planning, evaluate individual student progress, and indicate the effectiveness of the program overall.

    AEDY Programs are encouraged to use course grading, report cards, portfolios, graduation projects, exhibitions of student work, and other local assessment tools to monitor student progress. These assessments should align with the requirements of the student's sending LEA. This will facilitate transition back to the regular education setting and ensure that credit is given by the sending LEA for work completed in the AEDY Program. Additional assessment strategies that support success in the particular AEDY Program are also encouraged.

    Assessments that measure progress against the Pennsylvania standards are available at no cost via the SAS Portal (www.pdesas.org).

    Each student being served in an AEDY LEA In-house Program or an AEDY Private Provider Program must be provided with:

    1. A 45-day Presumptive Exit Date.
    2. A course of instruction sufficient to make normal academic progress in the core academic subjects (English language arts, mathematics, science, social studies, and life skills/health) and work toward the requirements for graduation as defined by the placing LEA.
    3. Clear and measurable academic performance goals established after administering required academic assessments as described in Appendix A of this document. Plans for individual academic programs should be formulated in close collaboration between the sending LEA and AEDY Program. A student cannot remain in AEDY placement for failure to meet these academic goals.
    4. A course of instruction that recognizes their special needs and prepares them for successful return to a regular education setting and/or completion of the graduation requirements established by their home LEA.
    5. Individual academic evaluations to measure progress in the core academic subjects in relationship to the academic standards established by 22 Pa. Code Chapter 4.
    6. Differentiated instruction must take place in order to provide students with academic curriculum that is appropriate to their grade level. 

    Counseling

    AEDY Programs must provide at least 2.5 hours per week of counseling for every student. Counseling may be delivered in individual or group sessions.

    1. The purpose of counseling is to remediate the behavior(s) that caused the placement in the AEDY Program and to help the student to transition back to the regular setting.
    2. The 2.5 hours of counseling per week must be provided in addition to the required hours of academic instruction. It is recommended that the 2.5 hours of weekly counseling take place in a small group or individual format.
    3. AEDY LEA In-house Programs and AEDY Private Provider Programs are responsible for maintaining an up-to-date counseling record. The counseling record should include, at a minimum, student attendance, group topics, name of the counselor leading the group, the date, and the start and stop times of the group session.
    4. As of July 1, 2019, individuals delivering counseling services must hold one of the following credentials and should have experience in providing services to students in the appropriate age range: certified school counselor, certified school psychologist, certified school social worker, certified drug and alcohol counselor (as appropriate), licensed social worker, licensed clinical social worker, licensed professional counselor​, certified/licensed therapist, licensed psychologist or psychiatrist.

    Evidence-based Program Implementation

    In addition to the required 2.5 hours per week of student counseling, AEDY Programs must implement a multi-tiered system of support (MTSS) utilizing evidenced-based positive behavioral supports. The premise of all MTSS models is that universal approaches must be in place before more intensive data-based interventions are utilized. To that end, LEA must ensure AEDY Programs offer universal positive behavioral supports and that all students have a clear understanding of rules and expectations. Intensive supports for students with significant behavioral needs require a foundational comprehensive universal approach (also known as Tier 1). MTSS models, such as SWPBIS, provide an evidenced-based conceptual framework for schoolwide implementation. Furthermore, AEDY Programs must establish a data-reporting process and platform for the collection of school-level and AEDY data. PDE funded training and technical assistance on how to build the infrastructure of a MTSS for behavior is available by contacting your local PaTTA​N office.

    Behavioral Assessment

    AEDY Programs are required to assess each student at the time of placement and at the end of each 45-day period following placement. The behavioral assessment must be completed within the first five school days of attendance in the AEDY Program.  Behavioral assessment tools are used to not only identify areas in which the student is experiencing difficulties and set goals, but also to measure and document student success towards behavioral goal attainment. If the sending LEA of a student with a disability has recently (within 60 days) completed an FBA, it should be used in conjunction with the behavioral assessment.

    AEDY Programs are required to administer a behavioral assessment upon entry of each student into the AEDY Program.  Information gathered through this assessment, in addition to the student's reason for placement and other input, must be used to develop the student's behavioral goals.  This assessment may be used to measure and document student success towards behavioral goals.

    45-Day Formal Periodic Review (FPR) Exit Document

    AEDY Programs must develop individualized measurable behavior goals that evidence positive behavioral interventions and approach for each student that is based on the results of the student's behavioral assessment, the reason(s) for placement in the AEDY Program, and any supporting documentation from the LEA, in order to address the behavior(s) that prompted placement into the AEDY Program.

    The FPR should reflect best-practice and utilize motivation and reinforcement. Components of evidenced based positive behavior supports include:

    • Antecedent (prevention) Strategies: Outline strategies to assist in preventing the behavior of concern from occurring and to increase the occurrence of the replacement behavior. This may include a description of environmental adjustments, or adjustments to type of content or instruction presented to the student.
    • Replacement Behavior: Identify the behavior that will be taught to the student as a replacement to the behavior of concern. The replacement behavior should efficiently achieve the same function as the behavior of concern. Include the plan for instruction including prompts, and systematic adjustment of behavior requirements over time (based on data). 
    • Consequences (reinforcement) for when the student performs the replacement behavior: Describe specific procedures for providing reinforcement when the student performs the replacement behavior, so that the replacement behavior will be effective and efficient for the student in achieving the same function. Reinforcement should increase the likelihood that the student will continue or increase the replacement behavior. Also, include a plan for systematically thinning the reinforcement schedule over time (based on data). 

    Each student must have an FPR that has clear and measurable goals.  The intent of the document is to address the function of the disruptive behavior, thereby preparing students to return to the regular education setting.  The AEDY Program must review the FPR with the parent and student in order to afford them the opportunity to provide input.  The FPR must have signature lines for all of those providing input into the document.

    The Exit team must set clear exit criteria with measurable behavioral goals within five school days of placement. The goals should be reasonably achievable by the presumptive exit date and clearly communicated to all staff who have contact with the student. Exit criteria may only address the behavior that resulted in placement.

    45-day Formal Periodic Review (FPR) Meeting

    1. If behavioral goals have been met, a FPR meeting must be conducted within one week, regardless of the timing associated with the end of the semester.  During the FPR meeting, an exit/transition plan must be created to return the student to the regular education setting (See "Formal Periodic Review" below for additional information about this process.). 
    2. If behavioral goals have not been met, the LEA must justify continued placement in the AEDY Program, thereby triggering a new 45-day Presumptive Exit Date.

    Prior to the 45th day of a student's Presumptive Exit Date, the LEA must consult with the AEDY Program working with the student to review the student's progress toward meeting behavioral goals.

    1. The ultimate goal of AEDY Programs is to assist students in addressing disruptive behaviors so they may successfully return to the regular education setting.  Students' readiness to return to the regular education setting is determined by their ability to meet behavioral goals. All AEDY Programs must have a formal documented process for periodic review and evaluation of each student's behavioral goals. The purpose of a formal periodic review is to determine the readiness for return to the regular classroom setting.  
    2. The review team should consist of the AEDY Program's administrators, teachers, counselors, parent(s), student and a representative from the sending LEA's school administration. In addition, the parent or student may invite other(s) to take part in this process.
    3. The FPR must include an evaluation of the student's behavioral progress and may include a review of the student's academics and attendance in the AEDY Program.  As mentioned above, students' readiness to return to the regular education setting is determined by their ability to meet behavioral goals.  A student cannot remain in placement for lack of academic progress or lack of attendance. If a student has met behavioral goals, the FPR is developed to support and facilitate return to the regular education setting.  Each student's behavior, academic, attendance, and/or other needs should be considered when developing an appropriate exit plan.  If a student has not met behavioral goals, the FPR must justify continued placement in the AEDY Program, thereby beginning a new 45-day Presumptive Exit Date.
    4. All AEDY Programs are required to document and maintain all information discussed at the FPR meeting. The AEDY Program must develop and implement FPR that documents: the student demographic information, the date and time of review, names and signatures of all in attendance at the review, behavioral assessment information, previous data collection, current interventions, behavioral goals/progress related to the results of the behavior of concern and the behavioral assessment, current student academic progress and attendance, and if appropriate the exit plan. The FPR must be uploaded to the reporting system and a copy located in each student's file.  If it is determined that the student will no longer remain in placement, the AEDY Program will use the FPR to document the student's exit plan. It is recommended that the review include input from the LEA, AEDY Program staff, parent(s)/guardian(s), and student.  

    Background Clearances

    The individual proprietor, each member of a partnership, association or company, and each officer and director of a corporation that intends to contract with a school entity, along with all other staff members, including contractors involved in the operation and/or delivery of services within an AEDY Private Provider, must have the following clearances. In addition, all LEA In-house AEDY Program staff must have the following clearances:

    1. Federal and State Criminal History Records, as specified in 24 P.S. § 1-111.
    2. A Child Abuse Clearance, as specified in 23 P.S. § 6344.
    3. Child Abuse and Reporting Training, as specified in 24 P.S. § 12-1205.6.

    Level I or Level II Pennsylvania Teaching Certificate

    Teachers working in AEDY Programs must possess a Level I or Level II Pennsylvania Teaching Certificate in the area of instructional assignment, as provided for in the Pennsylvania Code (22 Pa. Code Chapter 49), relating to certification of professional personnel.  24 P.S. § 19-1902-C(3).  Approved AEDY Private Provider Programs are exempt from this requirement.  24 P.S. § 19-1902-E.  LEAs remain responsible for ensuring the implementation of special education program and services that are provided by In-house and Private Provider AEDY Programs meet the requirements of IDEA and Chapter 14 or Chapter 711.

    All EL services, regardless of whether the student's placement is in an AEDY LEA In-house Program or an AEDY Private Provider Program must be delivered by a certified ESL/Bilingual Education teacher (Program Specialist ESL Certification).

    Performance Measures and Accountability

    Data Collection

    LEAs must collect data and submit program reports as required by PDE to document student placements, student progress, and the rate of students' return to the regular education setting. LEAs that place students in AEDY Programs must make sure all required data is collected, maintained, and reported.  Information reported to PDE includes students' demographic data, such as race, ethnicity, gender, the need for EL services, and students eligible for special education services.  Student demographic data will be reviewed by PDE to identify disproportionality in the placement of students in AEDY Programs. LEAs are expected to review their own data for indications of disproportionate placements and develop and implement a plan to incorporate culturally responsive discipline practices, support and reinforce positive behavior development, and employ corrective strategies and interventions to keep students in the regular education setting. 

    Below are resources available to assist the districts in identifying issues related to discipline and the direct correlation and effect discipline can have on overrepresentation of specific student populations.

    1. January 8, 2014 Dear Colleague Letter from US Ed and US DOJ on "Nondiscriminatory Administration of School Discipline"
    2. "Rethinking Discipline" page on US Ed's website
    3. Learning for Justice | Education Resources
    4. PDE's Equity and Inclusion Toolkit

    Please contact the AEDY Team at PaTTAN (ae​dy@pattan.net) for culturally responsive training, technical assistance and resources. 

    Disproportionality

    Disproportionate representation, or disproportionality, refers to the overrepresentation of a given population or demographic group (e.g., race, ethnicity, students with disabilities, and gender).  To identify disproportionality, the AEDY year-end report will include a fillable formula to determine the Odds Ratio (OR) of the students placed in the program. OR is the probability that an event occurs to the probability that it does not. For estimates of disparities in student placement in an AEDY Program, the OR is (a) the odds that one particular group (e.g., children who are black) will experience vs. not experience an event (e.g., being placed in an AEDY Program) vs. (b) the odds of another group (e.g., children who are white) will experience vs. not experience the same event. 

    Disclaimer

    AEDY Guidelines, policies, and procedures are subject to change without prior notice, if necessary, in order to ensure that AEDY Guidelines are in compliance with federal and state laws and regulations, and/or as determined necessary by PDE.  The most recent version of the Guidelines will be posted on PDE's website.