IEP Modifications in Pennsylvania: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a Pennsylvania IEP?
Pennsylvania has one of the strongest inclusion mandates in the nation, codified in 22 Pa. Code §14.145, and reinforced by the 2005 Gaskin v. Commonwealth of Pennsylvania settlement which required all districts to consider the regular classroom with supplementary aids and services as the first placement option for all students with disabilities. Under 22 Pa. Code §14.145(1), students with disabilities must be educated with nondisabled peers to the maximum extent appropriate. Removal from the regular education class is permitted only when the nature or severity of the disability is such that education in the regular class with appropriate supplementary aids and services cannot be achieved satisfactorily (22 Pa. Code §14.145(2)). Critically, Pennsylvania prohibits determining that a student requires separate education solely because the child cannot achieve at the same level as nondisabled classmates, provided the child can make meaningful progress on IEP goals with the full range of supplementary aids and services (22 Pa. Code §14.145(3)). Placement decisions cannot be based on disability type, disability severity, additional cost, or administrative convenience (22 Pa. Code §14.145(4)). School entities must provide access to a full continuum of placement options including regular class instruction, special classes, special schools, home instruction, and hospital/institutional instruction (22 Pa. Code §14.145(5); 34 CFR §300.115). The IEP team must first consider the regular classroom with supplementary aids and services before considering more restrictive settings. Pennsylvania's PaTTAN Supplementary Aids and Services Toolkit organizes supports into four categories: collaborative (consultation, co-teaching, team planning), instructional (modified curriculum, alternative materials, adapted assignments, assistive technology), physical (accessible facilities, specialized equipment, environmental modifications), and social-behavioral (social skills instruction, peer supports, behavioral strategies). Special education classrooms must contain at least 28 square feet per student and be designed as classrooms (22 Pa. Code §14.144). Age range requirements limit classroom spans to 3 years for grades K–6 and 4 years for grades 7–12 (22 Pa. Code §14.146). Pennsylvania monitors LRE compliance across three categories: students inside regular class 80% or more of the day, students inside regular class less than 40% of the day, and students in separate facilities.
What Pennsylvania Requires
Students with disabilities must be educated with nondisabled peers to the maximum extent appropriate (22 Pa. Code §14.145(1))
Removal from regular class permitted only when education there with supplementary aids and services cannot be achieved satisfactorily (22 Pa. Code §14.145(2))
A student may not be placed in separate education solely because the child cannot achieve at the same level as nondisabled classmates if the child can make meaningful progress on IEP goals with supplementary aids and services (22 Pa. Code §14.145(3))
Placement decisions cannot be based on disability type, disability severity, additional cost, or administrative convenience (22 Pa. Code §14.145(4))
School entities must provide access to a full continuum of placement options (22 Pa. Code §14.145(5); 34 CFR §300.115)
Gaskin settlement (2005) requires all PA districts to consider the regular classroom with supplementary aids and services first for every student with a disability
Supplementary aids and services organized in four categories: collaborative, instructional, physical, and social-behavioral (PaTTAN Toolkit)
Special education classrooms must contain at least 28 square feet per student and be designed as classrooms, not repurposed spaces (22 Pa. Code §14.144)
Maximum age range in special education classrooms: 3 years for grades K–6, 4 years for grades 7–12 (22 Pa. Code §14.146)
Students with disabilities must participate in extracurricular and nonacademic activities with nondisabled peers to the maximum extent appropriate (34 CFR §300.117)
Key Timelines
Placement decisions must be made at least annually by the IEP team (34 CFR §300.116)
NOREP must be issued when any change in placement is proposed; parents have 10 calendar days to respond
Pennsylvania monitors LRE data annually and establishes measurable targets for inclusive placement rates