Annual Public Notices: Special Education Services, Gifted Students, Services for Protected Handicapped Students, Destruction of Records, Medical Assistance, and the Family Education Rights and Privacy Act (FERPA)

Annual Public Notice of Special Education Services and Programs, Services for Gifted Students, and Services for Protected Handicapped Students

Notice to Parents

According to state and federal special education regulations, annual public notice to parents of children who reside within a school district is required regarding child find responsibilities. School districts (SDs), intermediate units (IUs) and charter schools (CSs) are required to conduct child find activities for children who may be eligible for services via Section 504 of the Rehabilitation Act of 1973. For additional information related to Section 504/Chapter 15 services, the parent may refer to Section 504, Chapter 15, and the Basic Education Circular entitled Implementation of Chapter 15. Also, school districts are required to conduct child find activities for children who may be eligible for gifted services via 22 Pa Code Chapter 16. For additional information regarding gifted services, the parent may refer to 22 PA Code Chapter 16. If a student is both gifted and eligible for Special Education, the procedures in IDEA and Chapter 14 shall take precedence.


This notice shall inform parents throughout the school district, intermediate unit, and charter school of the child identification activities and of the procedures followed to ensure confidentiality of information pertaining to students with disabilities or eligible young children. In addition to this public notice, each school district, intermediate unit, and charter school shall publish written information in the handbook and on the web site. Children ages three through twenty one can be eligible for special education programs and services. If parents believe that the child may be eligible for special education, the parent should contact the appropriate staff member identified at the end of this public notice.


Children age three through the age of admission to first grade are also eligible if they have developmental delays and, as a result, need Special Education and related services. Developmental delay is defined as a child who is less than the age of beginners and at least 3 years of age and is considered to have a developmental delay when one of the following exists: (i) The child’s score, on a developmental assessment device, on an assessment instrument which yields a score in months, indicates that the child is delayed by 25% of the child’s chronological age in one or more developmental areas. (ii) The child is delayed in one or more of the developmental areas, as documented by test performance of 1.5 standard deviations below the mean on standardized tests. Developmental areas include cognitive, communicative, physical, social/emotional and self-help. For additional information you may contact Early Childhood Services at the Bucks County Intermediate Unit, 1-800-770-4822, ext. 1716.


Evaluation Process

The Neshaminy School District has a procedure in place by which parents can request an evaluation. For information about procedures applicable to your child, contact the school, which your child attends. This information is located HERE.


Parents of preschool age children, age three through five, may request an evaluation in writing by addressing a letter to Early Childhood Services, Bucks County Intermediate Unit, 705 N. Shady Retreat Road, Doylestown, PA 18901.



School entities cannot proceed with an evaluation, or with the initial provision of special education and related services, without the written consent of the parents. For additional information related to consent, please refer the Procedural Safeguards Notice which can be found at the PaTTAN website, Once written parental consent is obtained, the district will proceed with the evaluation process. If the parent disagrees with the evaluation, the parent can request an independent education evaluation at public expense.


Program Development

Once the evaluation process is completed, a team of qualified professional and parents determine whether the child is eligible. If the child is eligible, the individualized education program team meets, develops the program, and determines the educational placement. Once the IEP team develops the program and determines the educational placement, school district staff, intermediate unit staff, or charter school staff will issue a notice of recommended educational placement/prior written notice. Your written consent is required before initial services can be provided. The parent has the right to revoke consent after initial placement.


Confidentiality of Information:

The SDs, IUs and CSs maintain records concerning all children enrolled in the school, including students with disabilities. All records are maintained in the strictest confidentiality. Your consent, or consent of an eligible child who has reached the age of majority under State law, must be obtained before personally identifiable information is released, except as permitted under the Family Education Rights and Privacy Act (FERPA). The age of majority in Pennsylvania is 21. Each participating agency must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. One official at each participating agency must assume responsibility for ensuring the confidentiality of any personally identifiable information. Each participating agency must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who have access to personally identifiable information.

For additional information related to student records, the parent can refer to the Family Education Rights and Privacy Act (FERPA)


This notice is only a summary of the Special Education services, evaluation and screening activities, and rights and protections pertaining to children with disabilities, children thought to be disabled, and their parents. For more information or to request evaluation or screening of a public or private school child contact Pupil Services.


For preschool-age children, information, screenings, and evaluations requested, may be obtained by contacting the Intermediate Unit:  

Bucks County Intermediate Unit #22

Early Intervention Services

705 North Shady Retreat Road

Doylestown, PA 18901-2501

(215) 348-2940 or 1-800-770-4822


Destruction of Special Education Records:  Notice to Parents

The District is required to notify parents when records that we are maintaining concerning students with, or thought to have, disabilities are no longer needed to provide educational services to the student (“no longer educationally relevant”).  The following is intended to notify you of when the District considers certain records to be no longer educationally relevant:

All test protocols and other raw data used as part of an evaluation or reevaluation will be considered no longer educationally relevant at the conclusion of the school year during which the evaluation or reevaluation has occurred.

All IEP progress monitoring data will be considered no longer educationally relevant as of the date on which such data are reported to parents or guardians in a progress report or at the conclusion of the school year during which such data are collected, whichever is sooner.

All notes of IEP team members and draft IEPs, if any, will be considered no longer educationally relevant as of the date that the IEP to which such notes of drafts pertain is issued to the parents or guardian.

All Permissions to Evaluate or Reevaluate, Invitations to IEP or Other Meetings and related documents, Evaluation or Reevaluation Reports, IEPs, Notices of Recommended Educational Placement and related documents, Complaint Investigation Reports, Mediation Agreements, and Hearing Officer Decisions will be considered no longer educationally relevant at the conclusion of the sixth year from the date on which the student graduates from High School, ceases residency in the District for reasons other than placement in a hospital or treatment facility, or attains age twenty-one, whichever is sooner.

Parents and guardians have the right to request, in writing, that the District destroy any or all records deemed no longer educationally relevant.  The District, at its discretion, may also destroy such records without further notice to parents, guardians, or students.

If you have any questions concerning any of the foregoing information, please contact Pupil Services at 215-809-6588.


Medical Assistance Notice

  1.  Local Educational Agencies (LEAs) are eligible to receive federal reimbursement through the School-Based Access Program for certain medically necessary services provided to students with disabilities ages 3-21 in accordance with the students’ IEP.
  2. LEAs use of this reimbursement program does NOT in any way affect or impact other medically necessary, covered services that are provided to your child out of school. Medical Assistance will continue to pay for these services. Any reimbursement that the SDs or IUs receives from the School-Based Access program is used to help cover the cost of special education services.
  3. Before the LEA can apply for reimbursement for services, a one-time written parental consent is required by The Individuals with Disabilities Education Improvement Act of 2004 (IDEA) under Part 300 (Assistance to the States for the Education of Children with Disabilities) and the Family Educational Rights and Privacy Act (FERPA).
  4. By giving consent, I am authorizing the LEA to share my child’s information such as records or information about the services that may be provided to my child with the PA Department of Education, the PA Department of Public Welfare, and a physician or nurse practitioner in order to bill Medical Assistance for services my child receives as part of his/her IEP. The only purpose of this disclosure is to bill for services provided.
  5. I have the right to withdraw my consent at any time. Withdrawing my consent or not giving consent, will not affect the services that my child is receiving in school. It is still the responsibility of the LEA to provide my child’s required services as written in his/her Individual Education Plan at no cost to me.
  6. Upon request, I may receive copies of my child’s records that are disclosed as a result of this authorization.

Neshaminy School District does not discriminate in employment, educational programs, or activities based on race, color, national origin, age, sex, handicap, creed, marital status, or because a person is a disabled veteran or a veteran of the Vietnam era. No preschool, elementary, or secondary school pupil enrolled in a school district, Intermediate Unit shall be denied equal opportunity to participate in age and program-appropriate instruction or activities due to race, color, handicap, creed, national origin, marital status, or financial hardship.