Pennsylvania Code

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=20

CHAPTER 14. SPECIAL EDUCATION SERVICES
AND=20 PROGRAMS

Sec.

14.1.    [Rese= rved].=20
14.2.    [Rese= rved].=20
114.3=9714.8     Reser= ved].=20
114.21=9714.23      [Res= erved].=20
14.24.    [Res= erved].=20
14.25.    [Res= erved].=20
14.31.    [Res= erved].=20
14.32.    [Res= erved].=20
14.33.    [Res= erved].=20
14.34.    [Res= erved].=20
14.35.    [Res= erved].=20
14.36.    [Res= erved].=20
14.37.    [Res= erved].=20
14.38.    [Res= erved].=20
14.39.    [Res= erved].=20
14.41.    [Res= erved].=20
14.42.    [Res= erved].=20
14.43.    [Res= erved].=20
14.44.    [Res= erved].=20
14.45.    [Res= erved].=20
14.51 and 14.52.       [Res= erved].=20
14.53.    [Res= erved].=20
114.54=9714.56      [Res= erved].=20
14.61.    [Res= erved].=20
14.62.    [Res= erved].=20
14.63.    [Res= erved].=20
14.64.    [Res= erved].=20
14.65.    [Res= erved].=20
14.66.    [Res= erved].=20
14.67.    [Res= erved].=20
14.68.    [Res= erved].=20
14.71.    [Res= erved].=20
114.72=9714.74      [Res= erved].=20
GENERAL = PROVISIONS

14.101.    Def= initions.=20
14.102.    Pur= poses.=20
14.103.    Ter= minology=20 related to Federal regulations. =
14.104.    Edu= cational=20 plans.=20
CHILD FIND, SCREENING AND=20 EVALUATION

14.121.    Chi= ld=20 find.
14.122.    Scr= eening.=20
14.123.    Eva= luation.=20
14.124.    Ree= valuation.=20
IEP

14.131.    IEP= .=20
14.132.    ESY= .=20
14.133.    Beh= avior=20 support.=20
EDUCATIONAL=20 PLACEMENT

14.141.    Ter= minology=20 related to educational placement. =
14.142.    Cas= eload=20 for special education.
14.143.    Dis= ciplinary=20 placements.
14.144.    Fac= ilities.=20
EARLY = INTERVENTION

14.151.    Pur= pose.=20
14.152.    Chi= ld=20 find, public awareness and screening.=20
14.153.    Eva= luation.=20
14.154.    IEP= .=20
14.155.    Ran= ge of=20 services.
14.156.    Sys= tem of=20 quality assurance.
14.157.    Exi= t=20 criteria.
14.158.    Dat= a=20 collection.=20
PROCEDURAL=20 SAFEGUARDS

14.161.    Pre= hearing=20 conferences.
14.162.    Imp= artial=20 due process hearing and expedited due process hearing.=20

Authority

   The provisions of this Chapter 14 issued under = sections=20 502, 925, 1001, 1002, 1052, 1054=971060, 1066=971068, 1142, 1146, = 1162, 1326=971330,=20 1371=971382, 1401=971422, 2509=972510.1, 2541 and 2601-B=972606-B of = the Public School=20 Code of 1949 (24 P. S. =A7 =A7  5-502, 9-925, 10-1001, = 10-1002,=20 10-1052, 10-1054=9710-1057, 10-1059=9710-1060, 10-1066=9710-1068, = 11-1142, 11-1146,=20 11-1162, 13-1326=9713-1330, 13-1371=9713-1382, 14-1401=9714-1422, = 25-2509=9725-2510.1,=20 25-2541 and 26-2601-B=9726-2606-B), unless otherwise noted.

Source

   The provisions of this Chapter 14 adopted June = 15, 1990,=20 effective July 1, 1990, 20 Pa.B. 3339, unless otherwise noted.

Notes of Decisions

   Appropriate Educational Placement=20
   In failing to implement the evaluation, notice = and other=20 procedural requirements under the Individuals with Disabilities = Education Act=20 (20 U.S.C.A. =A7  1400 et seq.), and this chapter, the = school district=20 failed to provide an appropriate educational placement, as required by = 20=20 U.S.C.A. =A7  1412, after it was notified of these = students=92=20 potentially handicapping conditions. Therefore, compensatory education = and=20 reimbursement for out-of-pocket expenses were appropriately granted.=20 Punxsutawney Area Sch. Dist. v. Kanouff, 663 A.2d 831 (Pa. = Cmwlth.=20 1995).=20
   The purpose of this chapter is to specify how the = Commonwealth will meet its obligation to both suspected and identified = exceptional students and to provide appropriate, quality education = services.=20 That obligation entails an evaluation and screening process, including = a=20 multidisciplinary evaluation, which is mandated by both state and = Federal law.=20 Thereafter, the school district must develop a written plan for the=20 appropriate education for the student, which must be in the least = restrictive=20 environment, in order to guarantee a free appropriate public education = to the=20 child. Punxsutawney Area Sch. Dist. v. Kanouff, 663 A.2d 831 = (Pa.=20 Cmwlth. 1995).=20
   Evidence=20
   It was not within the district court=92s = discretion to=20 reject the parents=92 offer of additional evidence without even = evaluating it=20 for its admissibility where the parents claimed that the child was = mentally=20 gifted but afflicted with a specific learning disability that thereby = entitled=20 the child to special education. However, because at least some of the = parents=92=20 proffered additional evidence was acquired after the school = district=92s=20 decision regarding the child=92s need for special education, such = evidence=20 should be examined carefully and may be considered only with respect = to the=20 reasonableness of the district=92s decision at the time it was made. = Of course,=20 this caveat does not mean that the court cannot exclude evidence that = could=20 have been available when the school district made its decision. = Susan N. v.=20 Wilson School District, 70 F.3d 751 (3d Cir. Pa. 1995).=20
   Exhaustion of Remedies=20
   Where relief is available under the = administrative=20 process, a plaintiff must first utilize the available administrative = process,=20 even if the remedies available are not the remedies desired. = Lindsley v.=20 Girard School District, 213 F. Supp.2d 523 (E. D. Pa. 2002).=20
   Private School Education=20
   The Individuals with Disabilities Education Act = (20=20 U.S.C.A. =A7  1400 et seq.), and these regulations, = emphasize=20 procedural safeguards to ensure parental participation in the = administrative=20 process; thus, the due process hearing also required cannot suffice = for the=20 school district=92s earlier failures to follow the statutorily = mandated=20 procedures and provide appropriate placement as required by the law.=20 Punxsutawney Area Sch. Dist. v. Kanouff, 663 A.2d 831 (Pa. = Cmwlth.=20 1995).=20
   Upon turning 3 years old, a minor child with a = pervasive=20 development disorder was entitled to remain in an educational program = at a=20 private school, even though the public school developed appropriate = education=20 programs, when the public school failed to provide appropriate public=20 education at the beginning of the school year. Delaware County = Intermediate=20 Unit No. 25 v. Martin K., 831 F. Supp. 1206 (M. D. Pa. 1993).

Cross References

   This chapter cited in 22 Pa. Code = =A7  11.27=20 (relating to graduation); 22 Pa. Code =A7  12.1 (relating to = free=20 education and attendance); 22 Pa. Code =A7  15.2 (relating = to=20 definitions); 22 Pa. Code =A7  15.8 (relating to procedural=20 safeguards); 22 Pa. Code =A7  15.10 (relating to = discrimination=20 claims); 22 Pa. Code =A7  15.11 (relating to rules of = construction);=20 22 Pa. Code =A7  16.7 (relating to special education); 22 = Pa. Code=20 =A7  16.31 (relating to general); 22 Pa. Code = =A7  171.15=20 (relating to evaluation); 22 Pa. Code =A7  171.16 (relating = to=20 assignment); 22 Pa. Code =A7  171.18 (relating to = withdrawal); 22 Pa.=20 Code =A7  171.23 (relating to application for approved = private school=20 status); 22 Pa. Code =A7  181.4 (relating to free public = education);=20 22 Pa. Code =A7  711.2 (relating to purposes and intent); = and 55 Pa.=20 Code =A7  3800.229 (relating to education). =
=A7 14.1. [Reserved].

Source

   The provisions of this =A7  14.1 = adopted June 15,=20 1990, effective July 1, 1990, 20 Pa.B. 3339; amended October 11, 1991, = effective October 12, 1991, 21 Pa.B. 4830; amended December 18, 1992,=20 effective December 19, 1992, 22 Pa.B. 6030; amended January 7, 1993, = effective=20 January 8, 1993, 23 Pa.B. 144; amended February 20, 1998, effective = February=20 21, 1998, 28 Pa.B. 1002; amended December 8, 2000, effective December = 9, 2000,=20 30 Pa.B. 6330; reserved June 8, 2001, effective June 9, 2001, 31 Pa.B. = 3021.=20 Immediately preceding text appears at serial pages (271464) to = (271470).

Notes of Decisions

   Exceptional Child=20
   One of the goals of the Department of Education = is to=20 provide all exceptional children in this Commonwealth with an = =91=91appropriate=92=92=20 educational program, as defined by Department regulations. Veschi = v.=20 Northwestern Lehigh School District, 772 A.2d 469 (Pa. Cmwlth. = 2001).=20
   Individual suffering from Down=92s Syndrome and = cerebral=20 palsy qualifies for =91=91exceptional=92=92 child status under this = regulation.=20 Drinker v. Colonial Sch. Dist., 888 F. Supp. 674 (E. D. Pa. = 1995).=20
   Regular Education Environment=20
   The Special Education Due Process Appeals Panel = of the=20 Department of Education exceeded its authority in fashioning a remedy = that=20 requires college-level instruction and private tutoring, where, as = applied to=20 the gifted child, compensatory education is limited to education = available=20 within the curriculum of the school district. Brownsville Area = School=20 District v. Student X, 729 A.2d 198 (Pa. Cmwlth. 1999); appeal = denied 745=20 A.2d 1225 (Pa. 1999).=20
   School District Cooperation=20
   A school district is not required to create a = Life Skills=20 Support program within its own district; thus, sending a student to a = nearby=20 school district satisfied the requirements of the Individuals with=20 Disabilities Act. Cheltenham School District v. Joel P. ex rel. = Suzanne=20 P., 949 F. Supp. 346 (E. D. Pa. 1996).=20
   Transportation for Special Education = Students=20
   A school district is not obligated to provide=20 transportation for a special education student to and from the = residence of=20 both the student=92s father and mother when the father resides outside = the=20 boundaries of the district. North Allegheny School District v. = Gregory,=20 687 A.2d 37 (Pa. Cmwlth. 1996).=20
   School district boundaries are not determinative = of a=20 district=92s obligation to meet a particular request for = transportation as a=20 related service. Clearly, when necessary to some integral part of the=20 student=92s special educational needs, a district must provide related = services=20 even where this imposes a substantial burden on the district. North = Allegheny School District v. Gregory, 687 A.2d 37 (Pa. Cmwlth. = 1996).
=A7 14.2. [Reserved].

Source

   The provisions of this =A7  14.2 = amended December=20 8, 2000, effective December 9, 2000, 30 Pa.B. 6330; reserved June 8, = 2001,=20 effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding text = appears at=20 serial pages (271470) to (271471).

Notes of Decisions

   Exceptional Child=20
   The primary responsibility for identifying all=20 exceptional children and developing educational programs to meet their = needs=20 rests with the local school district. Veschi v. Northwestern Lehigh = School=20 District, 772 A.2d 469 (Pa. Cmwlth. 2001).=20
   Gifted Child=20
   The Special Education Due Process Appeals Panel = of the=20 Department of Education exceeded its authority in fashioning a remedy = that=20 requires college-level instruction and private tutoring, where, as = applied to=20 the gifted child, compensatory education is limited to education = available=20 within the curriculum of the school district. Brownsville Area = School=20 District v. Student X, 729 A.2d 198 (Pa. Cmwlth. 1999). =
=A7 =A7 14.3=9714.8. [Reserved].

=

Source

   The provisions of these = =A7 =A7  14.3=9714.8=20 reserved June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. = Immediately=20 preceding text appears at serial pages (271471) to (271474). =
=A7 =A7 14.21=9714.23. [Reserved].

Source

   The provisions of these = =A7 =A7  14.21=9714.23=20 reserved June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. = Immediately=20 preceding text appears at serial pages (271474) to (271475). =
=A7 14.24. [Reserved].

Source

   The provisions of this =A7  14.24 = amended=20 December 8, 2000, effective December 9, 2000, 30 Pa.B. 6330; reserved = June 8,=20 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial pages (271475) to (271476). =
=A7 14.25. [Reserved].

Source

   The provisions of this =A7  14.25 = adopted June=20 15, 1990, effective July 1, 1990, 20 Pa.B. 3339; amended October 11, = 1991,=20 effective October 12, 1991, 21 Pa.B. 4830; amended December 18, 1992,=20 effective December 19, 1992, 22 Pa.B. 6030; amended December 8, 2000,=20 effective December 9, 2000, 30 Pa.B. 6330; reserved June 8, 2001, = effective=20 June 9, 2001, 31 Pa.B. 3021. Immediately preceding text appears at = serial=20 pages (271476) to (271479).
=A7 14.31. [Reserved].

Source

   The provisions of this =A7  14.31 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial page (242017).
=A7 14.32. [Reserved].

Source

   The provisions of this =A7  14.32 = adopted June=20 15, 1990, effective July 1, 1990, 20 Pa.B. 3339; amended October 11, = 1991,=20 effective October 12, 1991, 21 Pa.B. 4830; amended December 18, 1992,=20 effective December 19, 1992, 22 Pa.B. 6030; amended January 7, 1994, = effective=20 January 8, 1994, 24 Pa.B. 144; amended February 20, 1998, effective = February=20 21, 1998, 28 Pa.B. 1002; reserved June 8, 2001, effective June 9, = 2001, 31=20 Pa.B. 3021. Immediately preceding text appears at serial pages = (242017) to=20 (242018) and (256361) to (256363).

Notes of Decisions

   Assistants=20
   This section does not incorporate all possible = related=20 service personnel into the list of individuals whose salaries and = retirement=20 fund payments will be reimbursed by the Commonwealth; therefore,=20 =91=91assistants=92=92 did not include physical therapists, = psychiatrists and the=20 like. Bethlehem Area School District v. Carroll, 616 A.2d 737 = (Pa.=20 Cmwlth. 1992), appeal denied 818 A.2d 506 (Pa. 2003).=20
   Cover Pages=20
   The school district failed to provide an = exceptional=20 student with a free appropriate public education (FAPE), where its=20 individualized education program (IEP) was procedurally deficient = because a=20 certified school psychologist was not part of the Multiple = Disciplinary Team,=20 the required cover pages of the IEP which detail the type of program = being=20 offered, the related services, the duration of the IEP, various = services that=20 needed to be considered and reviewed and the like were noticeably = absent, no=20 Notice of Recommended Assignment was ever proffered by the district to = the=20 family, and there is no evidence in the record that the district ever=20 attempted to go to the student=92s school in order to develop further = the=20 Comprehensive Evaluation Report (CER) through the use of its own = psychologist=20 and other staff, and where the CER and the IEP devised by the district = also=20 failed to meet substantive requirements because the degree of need in = the CER=20 were sketchy and thin, the IEP was vague, failed to address a means of = handling the student=92s emotional and behavioral disorders and = contained=20 immeasurable standards. Cumberland Valley School District v. Lynn = T.,=20 725 A.2d 215 (Pa. Cmwlth. 1999).=20
   Overpayments=20
   As the approved private school failed to = establish a=20 basis for an allocation of allowable costs alternative to the = equivalent=20 full-time student (EFTS) reimbursement entitlement formula which the = auditor=20 applied in concluding that the Department of Education had overpaid = the=20 school, the Court properly determined that the school must reimburse = the=20 Department of Education for overpayments which the school received for = tuition=20 and maintenance of approved special education pupils enrolled at the = school.=20 Community Country Day School v. Department of Education, 641 = A.2d 1282=20 (Pa. Cmwlth. 1994).=20
   Reimbursement Appropriate=20
   The school district failed to meet its = obligations under=20 the Individuals with Disabilities Education Act for the 1994-95 school = year=20 because it did not make any formal offer of educational placement for = the=20 student until April 1995, 10 months after the school district offered = an=20 inappropriate placement and nearly 7 months after the hearing officer=20 determined that the offered placement was inappropriate and ordered = the school=20 district to provide an appropriate educational program. Thus, the = parent was=20 entitled to reimbursement of tuition expenses at the private school = which=20 offered an appropriate education. Christen G. v. Lower Merion = School=20 Dist., 919 F. Supp. 793 (1996).=20
   Reimbursement Inappropriate=20
   Although the parent disagreed with the emotional = support=20 component of the Individualized Education Plan, the school = district=92s plan was=20 reasonably calculated to enable the student to receive educational = benefits=20 and was a free appropriate public education; thus, the parent was not = entitled=20 to tuition reimbursement for private education. Christen G. v. = Lower Merion=20 School Dist., 919 F. Supp. 793 (1996).=20
   Religious Schools=20
   Reimbursement to a parent for the cost of = educating their=20 child at a Quaker sponsored school where the school district failed to = offer a=20 free appropriate public education in accordance with its obligations = under the=20 Individuals with Disabilities Education Act did not violate the First=20 Amendment to the United States Constitution by having a principal or = primary=20 effect that advances religion. Such reimbursement did not in any way = advance=20 religion and the only matter advanced was the determination by = Congress that a=20 disabled child should receive a free appropriate public education. = Christen=20 G. v. Lower Merion School Dist., 919 F. Supp. 793 (1996). =
=A7 14.33. [Reserved].

Source

   The provisions of this =A7  14.33 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial page (256363).

Notes of Decisions

   Transportation for Special Education = Students=20
   School district boundaries are not determinative = of a=20 district=92s obligation to meet a particular request for = transportation as a=20 related service. Clearly, where necessary to some integral part of the = student=92s special educational needs, a district must provide related = services=20 even where this imposes a substantial burden on the district. North = Allegheny School District v. Parents, 687 A.2d 37 (Pa. Cmwlth. = 1996).=20
   A school district is not obligated to provide=20 transportation for a special education student to and from the = residence of=20 both the student=92s father and mother when the father resides outside = the=20 boundaries of the district. North Allegheny School District v. = Parents,=20 687 A.2d 37 (Pa. Cmwlth. 1996).
=A7 14.34. [Reserved].

Source

   The provisions of this =A7  14.34 = amended=20 February 20, 1998, effective February 21, 1998, 28 Pa.B. 1002; = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial page (256364).
=A7 14.35. [Reserved].

Source

   The provisions of this =A7  14.35 = adopted June=20 15, 1990, effective July 1, 1990, 20 Pa.B. 3339; amended October 11, = 1991,=20 effective October 12, 1991, 21 Pa.B. 4830; reserved June 8, 2001, = effective=20 June 9, 2001, 31 Pa.B. 3021. Immediately preceding text appears at = serial=20 pages (249383) to (249384).

Notes of Decisions

   In school suspensions are considered defacto = suspensions=20 when the child repeatedly leaves school instead of attending the = suspension.=20 Defacto suspension days are included in calculating the allowable 15=20 cumulative absent days per year. Big Beaver Falls Area School = District v.=20 Jackson, 624 A.2d 806, 808 (Pa. Cmwlth. 1993). =
=A7 14.36. [Reserved].

Source

   The provisions of this =A7  14.36 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial page (249384).

Notes of Decisions

   Failure to Include Program=20
   School district=92s failure to include = individualized=20 behavior management programs in a student=92s individualized education = programs=20 and failure to conduct a neurological evaluation to determine a = possible=20 effect of the student=92s head injury despite its knowledge of that = injury was a=20 violation and established that the school district failed to take = reasonable=20 steps to mainstream the dent in the regular classroom with = supplementary aids=20 and services. Millersburg Area School District v. Lynda T., 707 = A.2d=20 572 (Pa. Cmwlth. 1998).
=A7 14.37. [Reserved].

Source

   The provisions of this =A7  14.37 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial pages (249384) and (271481). =
=A7 14.38. [Reserved].

Source

   The provisions of this =A7  14.38 = amended=20 December 8, 2000, effective December 9, 2000, 30 Pa.B. 6330; reserved = June 8,=20 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial page (271481).
=A7 14.39. [Reserved].

Source

   The provisions of this =A7  14.39 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial pages (271481) to (271482). =
=A7 14.41. [Reserved].

Source

   The provisions of this =A7  14.41 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial page (271482).

Notes of Decisions

   Placement=20
   Even where the family sends an exceptional child = to=20 private school, the public school District is still obligated to = provide=20 special education and early intervention programs and services for the = child.=20 However, providing those services and programs at the District, and = not at the=20 private school, satisfies that obligation. Veschi v. Northwestern = Lehigh=20 School District, 772 A.2d 469 (Pa. Cmwlth. 2001).=20
   Where the District conducts speech and language = classes=20 appropriate for an exceptional student enrolled in a private school, = that=20 student must receive an equal opportunity to participate in those = classes.=20 Veschi v. Northwestern Lehigh School District, 772 A.2d 469 = (Pa.=20 Cmwlth. 2001).=20
   Placement in a private school, with the District = bearing=20 the responsibility for the attendant tuition, will only be approved if = neither=20 the local school district nor its supporting IU can provide an = appropriate=20 education for the child in question. Veschi v. Northwestern Lehigh = School=20 District, 772 A.2d 469 (Pa. Cmwlth. 2001). =
=A7 14.42. [Reserved].

Source

   The provisions of this =A7  14.42 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial pages (271482) to (271483) and (256365) to = (256366).

Notes of Decisions

   Notice of Recommended Assignment=20
   The school district failed to provide an = exceptional=20 student with a free appropriate public education (FAPE), where its=20 individualized education program (IEP) was procedurally deficient = because a=20 certified school psychologist was not part of the Multiple = Disciplinary Team,=20 the required cover pages of the IEP which detail the type of program = being=20 offered, the related services, the duration of the IEP, various = services that=20 needed to be considered and reviewed and the like were noticeably = absent, no=20 Notice of Recommended Assignment was ever proffered by the district to = the=20 family, and there is no evidence in the record that the district ever=20 attempted to go to the student=92s school in order to develop further = the=20 Comprehensive Evaluation Report (CER) through the use of its own = psychologist=20 and other staff, and where the CER and the IEP devised by the district = also=20 failed to meet substantive requirements because the degree of need in = the CER=20 were sketchy and thin, the IEP was vague, failed to address a means of = handling the student=92s emotional and behavioral disorders and = contained=20 immeasurable standards. Cumberland Valley School District v. Lynn = T.,=20 725 A.2d 215 (Pa. Cmwlth. 1999).=20
   Placement=20
   Placement in a private school, with the district = bearing=20 the responsibility for the attendant tuition, will only be approved if = neither=20 the local school district nor its supporting IU can provide an = appropriate=20 education for the child in question. Veschi v. Northwestern Lehigh = School=20 District, 772 A.2d 469 (Pa. Cmwlth. 2001).=20
   Tuition Reimbursement=20
   Mother of a student was entitled to reimbursement = for=20 tuition she paid to an out-of-State residential educational facility, = where=20 the program offered by the school district had not been effective = because the=20 student=92s social and emotional needs were not addressed by his = individual=20 educational program (IEP) and because his behavior continued to = worsen.=20 Stroudsburg Area School District v. Jared M., 712 A.2d 807 (Pa. = Cmwlth.=20 1998).
=A7 14.43. [Reserved].

Source

   The provisions of this =A7  14.43 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial pages (256366) to (256367).

Notes of Decisions

   Placement=20
   Placement in a private school, with the district = bearing=20 the responsibility for the attendant tuition, will only be approved if = neither=20 the local school district nor its supporting IU can provide an = appropriate=20 education for the child in question. Veschi v. Northwestern Lehigh = School=20 District, 772 A.2d 469 (Pa. Cmwlth. 2001). =
=A7 14.44. [Reserved].

Source

   The provisions of this =A7  14.44 = amended January=20 7, 1994, effective January 8, 1994, 24 Pa.B. 144; reserved June 8, = 2001,=20 effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding text = appears at=20 serial pages (256367) and (202979).

Notes of Decisions

   Placement=20
   Placement in a private school, with the district = bearing=20 the responsibility for the attendant tuition, will only be approved if = neither=20 the local school district nor its supporting IU can provide an = appropriate=20 education for the child in question. Veschi v. Northwestern Lehigh = School=20 District, 772 A.2d 469 (Pa. Cmwlth. 2001). =
=A7 14.45. [Reserved].

Source

   The provisions of this =A7  14.45 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial page (202979).=20
=A7 =A7 14.51 and=20 14.52. [Reserved].

Source

   The provisions of these = =A7 =A7  14.51 and=20 14.52 reserved June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.=20 Immediately preceding text appears at serial pages (202979) to = (202980).
=A7 14.53. [Reserved].

Source

   The provisions of this =A7  14.53 = adopted June=20 15, 1990, effective July 1, 1990, 20 Pa.B. 3339; amended October 11, = 1991,=20 effective October 12, 1991, 21 Pa.B. 4830; reserved June 8, 2001, = effective=20 June 9, 2001, 31 Pa.B. 3021. Immediately preceding text appears at = serial=20 pages (202980) to (202982). =
=A7 =A7 14.54=9714.56. [Reserved].

Source

   The provisions of these = =A7 =A7  14.54=9714.56=20 reserved June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. = Immediately=20 preceding text appears at serial pages (202982) to (202986). =
=A7 14.61. [Reserved].

Source

   The provisions of this =A7  14.61 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial pages (202986) and (267309) to (267310). =
=A7 14.62. [Reserved].

Source

   The provisions of this =A7  14.62 = amended=20 December 18, 1992, effective December 19, 1992, 22 Pa.B. 6030; = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial page (267310).
=A7 14.63. [Reserved].

Source

   The provisions of this =A7  14.63 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial pages (267310) to (267311) and (202989).

Notes of Decision

   Consumer Complaint=20
   Parents/complainants had no right to appeal a=20 determination of a consumer complaint in which the parents alleged a = general=20 failure to provide a preconference hearing and a due process hearing.=20 Complainants are not considered a =91=91party=92=92 to a proceeding = before the=20 Department upon the filing of a consumer complaint and, therefore, may = not=20 file an appeal of a decision. Wolfe v. Lower Merion School = District,=20 801 A.2d 639 (Pa. Cmwlth. 2002).
=A7 14.64. [Reserved].

Source

   The provisions of this =A7  14.64 = adopted June=20 15, 1990, effective July 1, 1990, 20 Pa.B. 3339; amended October 11, = 1991,=20 effective October 12, 1991, 21 Pa.B. 4830; amended December 18, 1992,=20 effective December 19, 1992, 22 Pa.B. 6030; reserved June 8, 2001, = effective=20 June 9, 2001, 31 Pa.B. 3021. Immediately preceding text appears at = serial=20 pages (202989) to (202990) and (249391) to (249392).

Notes of Decisions

   Burden of Proof=20
   While =91=91due weight=92=92 must be accorded to = the=20 administrative proceedings, the burden of proof remained on the school = district to show that it was in compliance with the Individuals with=20 Disabilities Education Act (20 U.S.C.A. =A7  1400 et seq.), = even when,=20 as here, the school district prevailed at the administrative level.=20 Laughlin v. Central Bucks Sch. Dist., No. 91-7333, 1994 U. S. = Dist.=20 LEXIS 201 (E. D. Pa. January 12, 1994).=20
   Consumer Complaint=20
   Parents/complainants had no right to appeal a=20 determination of a consumer complaint in which the parents alleged a = general=20 failure to provide a preconference hearing and a due process hearing.=20 Complainants are not considered a =91=91party=92=92 to a proceeding = before the=20 Department upon the filing of a consumer complaint and, therefore, may = not=20 file an appeal of a decision. Wolfe v. Lower Merion School = District,=20 801 A.2d 639 (Pa. Cmwlth. 2002).=20
   Coordination Services=20
   Subdivision (n)(2) makes it clear that only a = school=20 district has the option to forgo utilization of the coordination = services=20 offered in (n)(1) of this section. There is no language in the = regulations=20 that gives this option to the parents or requires that a school = district=20 notify parents of this option. Therefore, there was no violation of a = parent=92s=20 due process right where the school district failed to notify the = parent of the=20 right to a hearing from an agency other than the Department of = Education.=20 Kozak v. Hampton Township Sch. Dist., 655 A.2d 641 (Pa. Cmwlth. = 1995),=20 appeal denied, No. 178 W. D. Alloc. 1995, 1995 Pa. LEXIS 793 (Pa. = October 2,=20 1995).=20
   Judicial Review=20
   Arguments not presented to the appeals panel = cannot be=20 pressed in Federal court and courts may only review what the appeals = panel=20 actually decided. Drinker v. Colonial Sch. Dist., 888 F. Supp. = 674 (E.=20 D. Pa. 1995).=20
   Judicial Review; Exhaustion of Remedies=20
   To file suit to seek tuition reimbursement under = the=20 Federal Individuals with Disabilities Education Act (IDEA), a claimant = must=20 exhaust all available administrative remedies, including the due = process=20 hearing provided by =A7  14.64(a). The fact that one party = feels that=20 a mutually satisfactory resolution is impossible does not render the = hearing=20 futile; instead, the hearing is required to seek relief under the = IDEA.=20 Falzett v. Pocono Mountain School District, 150 F. Supp.2d 699 = (M.D.=20 Pa. 2001).=20
   Pending Litigation=20
   Although the first appeals panel=92s decision was = reached,=20 the litigation was not resolved; therefore, 20 U.S.C.A.=20 =A7  1415(e)(3)=92s requirement that =91=91during the = pendency of any=20 proceedings . . . the child shall remain in the then current = educational=20 placement=92=92 applied to this case. Drinker v. Colonial School = District,=20 78 F.3d 859 (3d Cir. 1996).=20
   The district court was correct in its decision = that the=20 school district must bear the burden of paying for the costs of a = student=92s=20 education through the date of the district court=92s final order. = Drinker v.=20 Colonial School District, 78 F.3d 859 (3d Cir. 1996).=20
   Two-Tiered Review=20
   Under the two-tier due process hearing procedure, = the=20 Appeals Panel is the ultimate factfinder and charged with making an=20 independent examination of the evidence in the record; therefore, the = Appeals=20 Panel is not bound by the decision of the hearing officer, and its = scope of=20 review is not restricted to determining whether the hearing = officer=92s factual=20 findings are supported. Millersburg Area School District v. Lynda = T.,=20 707 A.2d 572 (Pa. Cmwlth. 1998).
=A7 14.65. [Reserved].

Source

   The provisions of this =A7  14.65 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial pages (249392) and (222351). =
=A7 14.66. [Reserved].

Source

   The provisions of this =A7  14.66 = reserved June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial pages (222351) and (271485). =
=A7 14.67. [Reserved].

Source

   The provisions of this =A7  14.67 = amended=20 December 8, 2000, effective December 9, 2000, 30 Pa.B. 6330; reserved = June 8,=20 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding = text=20 appears at serial pages (271485) to (271486).

Notes of Decisions

   Reimbursement=20
   School district was required to reimburse an = exceptional=20 student=92s parents for one-fourth the cost of an evaluation of the = student=20 performed by a doctor, where the district failed to include a = certified school=20 psychologist as required and because the district used the report when = it=20 prepared the individualized education program for the student. = Cumberland=20 Valley School District v. Lynn T., 725 A.2d 215 (Pa. Cmwlth. = 1999).=20
   According to the plain language of this section, = parents=20 are entitled to reimbursement for a private evaluation only if the = private=20 evaluation was sought as the result of a disagreement with an MDE and = if the=20 private evaluation shows the school district=92s MDE to be = inappropriate.=20 Because the parent had the child evaluated on their own initiative and = not as=20 the result of any disagreement and since the MDE was found to be = appropriate,=20 the parent was not entitled to reimbursement under this section. = Kozak v.=20 Hampton Township Sch. Dist., 655 A.2d 641 (Pa. Cmwlth. 1995), = appeal=20 denied, 665 A.2d 471 (Pa. 1995).
=A7 14.68. [Reserved].



Source

   The provisions of this =A7  14.68 = amended April=20 8, 1994, effective April 24, 1993, 24 Pa.B. 1838; reserved June 8, = 2001,=20 effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding text = appears at=20 serial page (271486).
=A7 14.71. [Reserved].

Source

   The provisions of this =A7  14.71 = adopted June=20 15, 1990, effective July 1, 1990, 20 Pa.B. 3339; amended October 11, = 1991,=20 effective October 12, 1991, 21 Pa.B. 4830; amended December 18, 1992,=20 effective December 19, 1992, 22 Pa.B. 6030; reserved June 8, 2001, = effective=20 June 9, 2001, 31 Pa.B. 6021. Immediately preceding text appears at = serial page=20 (271487).
=A7 =A7 14.72=9714.74. [Reserved].

Source

   The provisions of these = =A7 =A7  14.72=9714.74=20 reserved June 8, 2001, effective June 9, 2001, 31 Pa.B. 6021. = Immediately=20 preceding text appears at serial pages (271487) to (271488). =

GENERAL PROVISIONS

=A7 14.101. Definitions.

In addition to the definitions in =A7  14.102 and = 14.103=20 (relating to purposes; and terminology related to Federal regulations) = the=20 following words and terms, when used in this chapter, have the = following=20 meanings, unless the context clearly indicates otherwise:=20

   Act=97The Early Intervention Services = System=20 Act (11 P. S. =A7 =A7  875-101=97875-503).=20

   Agency=97An intermediate unit, school = district,=20 approved private school, State-operated program or facility or other = public=20 (excluding charter schools under 24 P. S.=20 =A7 =A7  17-1701-A=9717-1732-A) or private organization = providing=20 educational services to children with disabilities or providing early=20 intervention services.

   Age of = beginners=97The=20 minimum age established by the school district board of directors for=20 admission to the district=92s first grade under =A7  11.15 = (relating to=20 admission of beginners). =

   Department=97The=20 Department of Education of the Commonwealth.=20

   Developmental areas=97Cognitive, = communicative,=20 physical, social/emotional and self-help.=20

   Developmental delay=97A child who is = less than=20 the age of beginners and at least 3 years of age is considered to have = a=20 developmental delay when one of the following exists:=20
     (i)   The child=92s = score, on a=20 developmental assessment device, on an assessment instrument which = yields a=20 score in months, indicates that the child is delayed by 25% of the = child=92s=20 chronological age in one or more developmental areas.=20
     (ii)   The child is = delayed in=20 one or more of the developmental areas, as documented by test = performance of=20 1.5 standard deviations below the mean on standardized tests.=20

   ESY=97Extended school year.=20

   Early intervention agency=97An = intermediate=20 unit, school district or licensed provider which has entered into a = mutually=20 agreed upon written arrangement with the Department to provide early=20 intervention services to eligible young children in accordance with = the act.=20

   Early intervention services=97As = defined in the=20 act.

   Eligible young child=97A child = who is less=20 than the age of beginners and at least 3 years of age and who meets = the=20 criteria in 34 CFR 300.7 (relating to a child with a disability).=20

   IEP=97Individualized education = program.=20

   IST=97Instructional support team.=20

   MDT=97Multidisciplinary team.=20

   Mutually agreed-upon written = arrangement=97As=20 defined in the act.

   Parent=97The term = as=20 defined in 34 CFR 300.20 (relating to parent) and also includes = individuals=20 appointed as foster parents under 42 Pa.C.S. = =A7 =A7  6301=976311=20 (relating to the Juvenile Act). =

   Secretary=97The=20 Secretary of the Department.

   Student with = a=20 disability=97A child of school age who meets the criteria in 34 = CFR 300.7=20 (relating to a child with a disability).

Source

   The provisions of this =A7  14.101 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. =
=A7 14.102. Purposes.

(a)  It is the intent of the Board that children = with=20 disabilities be provided with quality special education services and = programs.=20 The purposes of this chapter are to serve the following:=20
   (1)  To adopt Federal regulations by=20 incorporation by reference to satisfy the statutory requirements under = the=20 Individuals with Disabilities Education Act (20 U.S.C.A.=20 =A7 =A7  1400=971419) and to ensure that:=20
     (i)   Children with=20 disabilities have available to them a free appropriate public = education which=20 is designed to enable the student to participate fully and = independently in=20 the community, including preparation for employment or higher = education.=20
     (ii)   The rights of = children=20 with disabilities and parents of these children are protected.=20
   (2)  To adopt, except as expressly = otherwise=20 provided in this chapter, the requirements of 34 CFR Part 300 = (relating to=20 assistance to states for the education of children with disabilities) = as=20 published at 64 FR 12418=9712469 (March 12, 1999). The following = sections are=20 incorporated by reference.=20
     (i)   34 CFR = 300.4=97300.6=20 (defining the terms =91=91act=92=92; =91=91assistive technology = device=92=92; and =91=91assistive=20 technology service=92=92).=20
     (ii)   34 CFR 300.7(a) = and (c)=20 (defining the term =91=91child with a disability=92=92).=20
     (iii)   34 CFR = 300.8=97300.24=20 (defining the terms =91=91consent=92=92; =91=91day=92=92; = =91=91business day=92=92; =91=91school day=92=92;=20 =91=91educational service agency=92=92; =91=91equipment=92=92; = =91=91evaluation=92=92; =91=91free=20 appropriate public education=92=92; =91=91include=92=92; = =91=91individualized education=20 program=92=92; =91=91individualized education program team=92=92; = =91=91individualized family=20 service plan=92=92; =91=91local educational agency=92=92; =91=91native = language=92=92; =91=91parent=92=92;=20 =91=91personally identifiable=92=92; =91=91public agency=92=92; = =91=91qualified personnel=92=92; and=20 =91=91related services=92=92).=20
     (iv)   34 CFR 300.26 = (defining=20 the term =91=91special education=92=92).=20
     (v)   34 CFR 300.28 = and 300.29=20 (defining the terms =91=91supplementary aids and services=92=92; and = =91=91transition=20 services=92=92).=20
     (vi)   34 CFR = 300.121=97300.125=20 (relating to free appropriate public education (FAPE); exception to = FAPE for=20 certain ages; full educational opportunity goal (FEOG); = FEOG=97timetable; and=20 child find).=20
     (vii)   34 CFR 300.138 = and=20 300.139 (relating to participation in assessments; and reports = relating to=20 assessments).=20
     (viii)   34 CFR = 300.300=20 (relating to provision of FAPE).=20
     (ix)   34 CFR = 300.302=97300.309=20 (relating to residential placement; proper functioning of hearing = aids; full=20 educational opportunity goal; program options; nonacademic services; = physical=20 education; assistive technology; and extended school year services).=20
     (x)   34 CFR = 300.311(b) and=20 (c) (relating to FAPE requirements for students with disabilities in = adult=20 prisons).=20
     (xi)   34 CFR 300.313=20 (relating to children experiencing developmental delays).=20
     (xii)   34 CFR 300.320 = and=20 300.321 (relating to initial evaluations; and reevaluations).=20
     (xiii)   34 CFR = 300.340=20 (relating to definitions related to IEPs).=20
     (xiv)   34 CFR = 300.342=97300.346=20 (relating to when IEPs must be in effect; IEP meetings; IEP team; = parent=20 participation; and development, review and revision of IEP).=20
     (xv)   34 CFR 300.347 = (a), (b)=20 and (d) (relating to content of IEP).=20
     (xvi)   34 CFR = 300.348=97300.350=20 (relating to agency responsibilities for transition services; private = school=20 placements by public agencies; and IEPs=97accountability).=20
     (xvii)   34 CFR = 300.401=20 (regarding responsibility of state educational agency in connection = with=20 children with disabilities in private schools placed or referred by = public=20 agencies).=20
     (xviii)   34 CFR = 300.403=20 (relating to placement of children by parents if FAPE is at issue).=20
     (xix)   34 CFR = 300.450=97300.462=20 (relating to children with disabilities enrolled by their parents in = private=20 schools).=20
     (xx)   34 CFR = 300.500=97300.515=20 (regarding certain due process procedures for parents and their = children).=20
     (xxi)   34 CFR = 300.519=97300.529=20 (relating to discipline procedures).=20
     (xxii)   34 CFR=20 300.531=97300.536 (regarding certain procedures for evaluation and = determination=20 of eligibility).=20
     (xxiii)   34 CFR=20 300.540=97300.543 (relating to additional procedures for evaluating = children=20 with specific learning disabilities).=20
     (xxiv)   34 CFR=20 300.550=97300.553 (relating to least restrictive environment (LRE) = including=20 general LRE requirements; continuum of alternative placements; = placements; and=20 nonacademic settings).=20
     (xxv)   34 CFR=20 300.560=97300.574(a) and (b) (providing for confidentiality of = information).=20
     (xxvi)   34 CFR = 300.576=20 (relating to disciplinary information).=20
   (3)  To specify how the Commonwealth = will meet=20 its obligations to suspected and identified children with disabilities = who=20 require special education and related services.=20
   (4)  To provide to the Commonwealth, = through=20 the Department, general supervision of services and programs provided = under=20 this chapter.=20
(b)  To provide services and programs effectively, = the=20 Commonwealth will delegate operational responsibility for school aged = students=20 to its school districts to include the provision of child find duties=20 prescribed by 34 CFR 300.125(a) (relating to child find).

Source

   The provisions of this =A7  14.102 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Notes of Decision

   Free Appropriate Public Education (FAPE)=20
   By adopting the Federal regulations relating to=20 assistance to states for education of children with disabilities, = Pennsylvania=20 seeks to ensure all children with disabilities the right to a free = appropriate=20 public education (FAPE). Delaware Valley School District v. Daniel = G.,=20 800 A.2d 989 (Pa. Cmwlth. 2002).
=A7 14.103. Terminology related = to Federal=20 regulations.

For purposes of interfacing with 34 CFR Part 300 (relating to = assistance to states for the education of children with disabilities), = the=20 following term applies, unless the context clearly indicates = otherwise:=20

   Local educational agency=97Where the = Federal=20 provision uses the term =91=91local educational agency,=92=92 for = purposes of this=20 chapter, the term means an intermediate unit, school district, State = operated=20 program or facility or other public organization providing educational = services to children with disabilities or providing early intervention = services. Applicability of this term to public charter schools is = found in=20 Chapter 711 (relating to charter school services and programs for = children=20 with disabilities).

Source

   The provisions of this =A7  14.103 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. =
=A7 14.104. Educational = plans.

(a)  Each school district shall develop a special = education=20 plan aligned with the strategic plan of the school district under=20 =A7  4.13 (relating to strategic plans). The special = education plan=20 shall be developed every 3 years consistent with the
3-year review = cycle=20 of the strategic plan of the school district. The Secretary will = prescribe the=20 format, content and time for submission of the special education plan. =
(b)  Each school district=92s special education = plan shall=20 specify special education programs that operate in the district and = those that=20 are operated in the district by the intermediate units, area = vocational=20 technical schools and other agencies.=20
(c)  Each school district=92s special education = plan shall=20 include procedures for the education of all students with a disability = who are=20 residents of the district including those receiving special education = in=20 approved private schools and students with a disability who are = nonresidents=20 placed in private homes or institutions in the school district under = sections=20 1305, 1306 and 1306.2 of the Public School Code of 1949 (24 P. S.=20 =A7 =A7  13-1305, 13-1306 and 13-1306.2).=20
(d)  Each intermediate unit shall prepare annually = and=20 submit to the Secretary a special education plan specifying the = special=20 education services and programs to be operated by the intermediate = unit. The=20 Secretary will prescribe the format, content and time for submission = of the=20 intermediate units=92 plans.=20
(e)  Each early intervention agency shall develop = an early=20 intervention special education plan every 3 years.=20
(f)  The Department will approve plans in = accordance with=20 the following criteria:=20
   (1)  Services and programs are designed = to meet=20 the needs of students identified as children with disabilities within = the=20 school district or intermediate unit or eligible young children within = the=20 early intervention agency.=20
   (2)  The full range of services and = programs=20 under this chapter are available to children with disabilities and = eligible=20 young children.=20
   (3)  The plan meets the specifications = defined=20 in this chapter and the format, content and time for submission of the = agency=20 plans prescribed by the Secretary.=20
(g)  Portions of the plans that do not meet the = criteria=20 for approval will be disapproved. Prior to disapproval, Department = personnel=20 will discuss disapproved portions of the plan and suggest = modifications with=20 appropriate intermediate unit or school district personnel. Portions = of the=20 plan that are not specifically disapproved will be deemed approved.=20
(h)  When a portion of an intermediate unit, school = district or early intervention plan is disapproved, the Department = will issue=20 a notice specifying the portion of the plan disapproved, and the = rationale for=20 the disapproval and the opportunity for a hearing under 2 Pa.C.S.=20 =A7 =A7  501=97508 and 701=97704 (relating to the = Administrative Agency=20 Law) and 1 Pa. Code Part II (relating to General Rules of = Administrative=20 Practice Procedure). If requested, the Department will convene a = hearing=20 within 30 days after the receipt of the request. The Department will = render a=20 decision within 30 days following the hearing.

Source

   The provisions of this =A7  14.103 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Cross References

   This section cited in 22 Pa. Code = =A7  14.142=20 (relating to caseload for special education); and 22 Pa. Code=20 =A7  14.155 (relating to range of services). =

CHILD FIND, SCREENING AND EVALUATION

=A7 14.121. Child find.

(a)  In addition to the requirements incorporated = by=20 reference in 34 CFR 300.125(a)(1)(i) (relating to child find), each = school=20 district shall adopt and use a public outreach awareness system to = locate and=20 identify children thought to be eligible for special education within = the=20 school district=92s jurisdiction.=20
(b)  Each school district shall conduct awareness=20 activities to inform the public of its early intervention and special=20 education services and programs and the manner in which to request = services=20 and programs.=20
(c)  Each school district shall provide annual = public=20 notification, published or announced in newspapers or other media, or = both,=20 with circulation adequate to notify parents throughout the school = district of=20 child identification activities and of the procedures followed to = ensure=20 confidentiality of information pertaining to students with = disabilities or=20 eligible young children in accordance with this chapter.

Source

   The provisions of this =A7  14.121 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. =
=A7 14.122. Screening.

(a)  Each school district shall establish a system = of=20 screening to accomplish the following:=20
   (1)  Identify and provide initial = screening for=20 students prior to referral for a special education evaluation.=20
   (2)  Provide peer support for teachers = and=20 other staff members to assist them in working effectively with = students in the=20 general education curriculum.=20
   (3)  Conduct hearing and vision = screening in=20 accordance with section 1402 of the Public School Code of 1949 (24 P. = S.=20 =A7  14-1402) for the purpose of identifying students with = hearing or=20 vision difficulty so that they can be referred for assistance or = recommended=20 for evaluation for special education.=20
   (4)  Identify students who may need = special=20 education services and programs.=20
(b)  Each school district shall implement a = comprehensive=20 screening process. School districts may implement instructional = support=20 according to Department guidelines or an alternative screening = process. School=20 districts which elect not to use instructional support for screening = shall=20 develop and implement a comprehensive screening process that meets the = requirements specified in subsections (a) and (c).=20
(c)  The screening process shall include:=20
   (1)  For students with academic = concerns, an=20 assessment of the student=92s functioning in the curriculum including=20 curriculum-based or performance-based assessment.=20
   (2)  For students with behavioral = concerns, a=20 systematic observation of the student=92s behavior in the classroom or = area in=20 which the student is displaying difficulty.=20
   (3)  An intervention based on the = results of=20 the assessments under paragraph (1) or (2).=20
   (4)  An assessment of the student=92s = response to=20 the intervention.=20
   (5)  A determination as to whether the=20 student=92s assessed difficulties are due to a lack of instruction or = limited=20 English proficiency.=20
   (6)  A determination as to whether the=20 student=92s needs exceed the functional ability of the regular = education program=20 to maintain the student at an appropriate instructional level.=20
   (7)  Activities designed to gain the=20 participation of parents.=20
(d)  If screening activities have produced little = or no=20 improvement within 60 school days after initiation, the student shall = be=20 referred for evaluation under =A7  14.123 (relating to = evaluation).=20
(e)  Screening activities do not serve as a bar to = the=20 right of a parent to request an evaluation, at any time, including = prior to or=20 during the conduct of screening activities.

Source

   The provisions of this =A7  14.122 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. =
=A7 14.123. Evaluation.

(a)  The group of qualified professionals, which = reviews=20 the evaluation materials to determine whether the child is a child = with a=20 disability under 34 CFR 300.534(a)(1) (relating to determination of=20 eligibility), shall include a certified school psychologist when = evaluating a=20 child for autism, emotional disturbance, mental retardation, multiple=20 disabilities, other health impairments, specific learning disability = or=20 traumatic brain injury.=20
(b)  In addition to the requirements incorporated = by=20 reference in 34 CFR 300.531=97300.535, the initial evaluation shall be = completed=20 and a copy of the evaluation report presented to the parents no later = than 60=20 school days after the agency receives written parental consent.

Source

   The provisions of this =A7  14.123 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Notes of Decisions

   Basis for Decision=20
   The panel=92s award of compensatory education was = premised=20 on a separate and distinct basis from the issues raised before the = Hearing=20 officer, requiring remand for an evidentiary hearing and an = adjudication on=20 the issue of appropriateness of the multidisciplinary evaluation. = Mifflin=20 County School District v. Special Education Due Process Appeals = Board, 800=20 A.2d 1010 (Pa. Cmwlth. 2002).

Cross References

   This section cited in 22 Pa. Code = =A7  14.122=20 (relating to screening); 22 Pa. Code =A7  14.153 (relating = to=20 evaluation); and 22 Pa. Code =A7  14.161 (relating to = purchasing=20 conferences).
=A7 14.124. Reevaluation.

(a)  The group of qualified professionals, which = reviews=20 the evaluation materials to determine whether the child is a child = with a=20 disability under 34 CFR 300.536 (relating to reevaluation), shall = include a=20 certified school psychologist when evaluating a child for autism, = emotional=20 disturbance, mental retardation, multiple disabilities, other health=20 impairment, specific learning disability and traumatic brain injury.=20
(b)  In addition to the requirements incorporated = by=20 reference in 34 CFR 300.536 (relating to reevaluation), a reevaluation = report=20 shall be provided to the parents within 60 school days from the date = that the=20 request for reevaluation was received from the parent or teacher, or = from the=20 date that a determination is made by the agency that conditions = warrant a=20 reevaluation.=20
(c)  Students with disabilities who are identified = as=20 mentally retarded shall be reevaluated at least once every 2 = years.

Source

   The provisions of this =A7  14.124 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. =

IEP

=A7 14.131. IEP.

(a)  In addition to the requirements incorporated = by=20 reference, the following provisions apply to IEPs:=20
   (1)  Copies of the comprehensive = evaluation=20 report shall be disseminated to the parents at least 10 school days = prior to=20 the meeting of the IEP team. A parent may waive this provision.=20
   (2)  The IEP of each student shall be=20 implemented as soon as possible but no later than 10 school days after = its=20 completion.=20
   (3)  If a student with a disability = moves from=20 one school district in this Commonwealth to another, the new district = shall=20 implement the existing IEP to the extent possible or shall provide the = services and programs specified in an interim IEP agreed to by the = parents.=20 The interim IEP shall be implemented until a new IEP is developed and=20 implemented or until the completion of due process proceedings under = this=20 chapter.=20
   (4)  If a student with a disability = moves into=20 a school district in this Commonwealth from another state, the new = school=20 district may treat the student as a new enrollee and place the student = into=20 regular education and it is not required to implement the student=92s = existing=20 IEP.=20
   (5)  Every student receiving special = education=20 and related services provided for in an IEP developed prior June 9, = 2001,=20 shall continue to receive the spe-cial education and related services = under=20 that IEP subject to the terms, limitations and conditions set forth in = law.=20
(b)  In addition to the requirements incorporated = by=20 reference in 34 CFR 300.29, 300.344(b) and 300.347(b) (relating to = transition=20 services; IEP team; and content of IEP), each school district shall = designate=20 persons responsible to coordinate transition activities.

Source

   The provisions of this =A7  14.131 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Notes of Decisions

   IEP Compliance=20
   School district was required to pay tuition and = fees for=20 special-education student in a transitional program after high school = for only=20 1 year, not indefinitely, where payment for more than 1 year would = have=20 exceeded what was required for compliance with student=92s = individualized=20 education program (IEP). Susquehanna Township School District v. = Frances=20 J., 823 A.2d 249, 255-256 (Pa.Cmwlth. 2003). =
=A7 14.132. ESY.

This section sets forth the standards for determining whether = a=20 student with disabilities requires ESY as part of the student=92s = program.=20
   (1)  At each IEP meeting for a student = with=20 disabilities, the school districts shall determine whether the student = is=20 eligible for ESY services and if so, make subsequent determinations = about the=20 services to be provided.=20
   (2)  In considering whether a student = is=20 eligible for ESY services, the IEP team shall consider the following = factors,=20 however, no single factor will be considered determinative:=20 =
     (i)   Regression=97= whether=20 the student reverts to a lower level of functioning as evidenced by a=20 measurable decrease in skills or behaviors which occurs as a result of = an=20 interruption in educational programming.=20 =
     (ii)   Recoupment=97= whether=20 the student has the capacity to recover the skills or behavior = patterns in=20 which regression occurred to a level demonstrated prior to the = interruption of=20 educational programming.=20
     (iii)   Whether the = student=92s=20 difficulties with regression and recoupment make it unlikely that the = student=20 will maintain the skills and behaviors relevant to IEP goals and = objectives.=20
     (iv)   The extent to = which the=20 student has mastered and consolidated an important skill or behavior = at the=20 point when educational programming would be interrupted.=20
     (v)   The extent to = which a=20 skill or behavior is particularly crucial for the student to meet the = IEP=20 goals of self-sufficiency and independence from caretakers.=20
     (vi)   The extent to = which=20 successive interruptions in educational programming result in a = student=92s=20 withdrawal from the learning process.=20
     (vii)   Whether the = student=92s=20 disability is severe, such as autism/pervasive developmental disorder, = serious=20 emotional disturbance, severe mental retardation, degenerative = impairments=20 with mental involvement and severe multiple disabilities.=20
   (3)  Reliable sources of information = regarding=20 a student=92s educational needs, propensity to progress, recoupment = potential=20 and year-to-year progress may include the following:=20
     (i)   Progress on = goals in=20 consecutive IEPs.=20
     (ii)   Progress = reports=20 maintained by educators, therapists and others having direct contact = with the=20 student before and after interruptions in the education program.=20
     (iii)   Reports by = parents of=20 negative changes in adaptive behaviors or in other skill areas.=20
     (iv)   Medical or = other agency=20 reports indicating degenerative-type difficulties, which become = exacerbated=20 during breaks in educational services.=20
     (v)   Observations and = opinions by educators, parents and others.=20
     (vi)   Results of = tests=20 including criterion-referenced tests, curriculum-based assessments, = ecological=20 life skills assessments and other equivalent measures.=20
   (4)  The need for ESY services will not = be=20 based on any of the following:=20
     (i)   The desire or = need for=20 day care or respite care services.=20
     (ii)   The desire or = need for=20 a summer recreation program.=20
     (iii)   The desire or = need for=20 other programs or services which, while they may provide educational = benefit,=20 are not required to ensure the provision of a free appropriate public=20 education.

Source

   The provisions of this =A7  14.132 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. =
=A7 14.133. Behavior = support.

(a)  Positive rather than negative measures shall = form the=20 basis of behavior support programs. Behavior support programs include = a=20 variety of techniques to develop and maintain skills that will enhance = an=20 individual student=92s or young child=92s opportunity for learning and = self-fulfillment. The types of intervention chosen for a particular = student or=20 young child shall be the least intrusive necessary.=20
(b)  Notwithstanding the requirements incorporated = by=20 reference in 34 CFR 300.24(b)(9)(vi), (13)(v), 300.346(a)(2)(i) and = (d) and=20 300.520(b) and (c) (relating to related services; development, review, = and=20 revision of IEP; and authority of school personnel), with regard to a = child=92s=20 behavior, the following words and terms when used in this section, = have the=20 following meanings, unless the context clearly indicates otherwise:=20

   Aversive techniques=97Deliberate = activities=20 designed to establish a negative association with a specific behavior. =

   Behavior support=97The development, = change and=20 maintenance of selected behaviors through the systematic application = of=20 behavior change techniques.

   Positive=20 techniques=97Methods which utilize positive reinforcement to shape = a=20 student=92s behavior, ranging from the use of positive verbal = statements as a=20 reward for good behavior to specific tangible rewards.=20

   Restraints=97Devices and techniques = designed=20 and used to control acute or episodic aggressive behaviors or to = control=20 involuntary movements or lack of muscular control due to organic = causes or=20 conditions. The term includes physical and mechanical restraints.=20
(c)  Restraints to control acute or episodic = aggressive=20 behavior may be used only when the student is acting in a manner as to = be a=20 clear and present danger to himself, to other students or to = employees, and=20 only when less restrictive measures and techniques have proven to be = or are=20 less effective. The use of restraints to control the aggressive = behavior of an=20 individual student shall cause a meeting of the IEP team to review the = current=20 IEP for appropriateness and effectiveness. The use of restraints may = not be=20 included in the IEP for the convenience of staff, as a substitute for = an=20 educational program, or employed as punishment.=20
(d)  Mechanical restraints, which are used to = control=20 involuntary movement or lack of muscular control of students when due = to=20 organic causes or conditions, may be employed only when specified by = an IEP=20 and as determined by a medical professional qualified to make the=20 determination, and as agreed to by the student=92s parents. Mechanical = restraints shall prevent a student from injuring himself or others or = promote=20 normative body positioning and physical functioning.=20
(e)  The following aversive techniques of handling = behavior=20 are considered inappropriate and may not be used by agencies in = educational=20 programs:=20
   (1)  Corporal punishment.=20
   (2)  Punishment for a manifestation of = a=20 student=92s disability.=20
   (3)  Locked rooms, locked boxes or = other locked=20 structures or spaces from which the student cannot readily exit.=20
   (4)  Noxious substances.=20
   (5)  Deprivation of basic human rights, = such as=20 withholding meals, water or fresh air.=20
   (6)  Suspensions constituting a pattern = under=20 =A7  14.143(a) (relating to disciplinary placement).=20
   (7)  Treatment of a demeaning nature.=20
   (8)  Electric shock.=20
(f)  Agencies have the primary responsibility for = ensuring=20 that behavior management programs are in accordance with this chapter, = including the training of personnel for the use of specific = procedures,=20 methods and techniques, and for having a written policy on the use of = behavior=20 management techniques and obtaining parental consent prior to the use = of=20 highly restraining or intrusive procedures.=20
(g)  In accordance with their plans, agencies may = convene=20 human rights committees to oversee the use of restraining or intrusive = procedures and restraints.

Source

   The provisions of this =A7  14.133 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.=20

EDUCATIONAL PLACEMENT

=A7 14.141. Terminology related = to=20 educational placement.

Notwithstanding the requirements incorporated by reference = with=20 regard to educational placements, the following words and terms, when = used in=20 =A7  14.142 (relating to caseload for special education), = have the=20 following meanings:

   Autistic = support=97Services=20 for students with the disability of autism. =

   Blind=20 and visually impaired support=97Services for students with the = disability of=20 visual impairment, including blindness. =

   Deaf and=20 hard of hearing impaired support=97Services for students with the=20 disabilities of deafness or hearing impairment.=20

   Emotional support=97Services for = students with=20 a disability whose primary identified need is emotional support.=20

   Full-time=97Special education classes = provided=20 for the entire school day, with opportunities for participation in = nonacademic=20 and extracurricular activities to the maximum extent appropriate, = which may be=20 located in or outside of a regular school.=20

   Itinerant=97Regular classroom = instruction for=20 most of the school day, with special education services and programs = provided=20 by special education personnel inside or outside of the regular class = for part=20 of the school day.

   Learning = support=97Services=20 for students with a disability whose primary identified need is = academic=20 learning.

   Life skills = support=97Services for=20 students with a disability focused primarily on the needs of students = for=20 independent living.

   Multiple disabilities = support=97Services for students with multiple disabilities.=20

   Part-time=97Special education = services and=20 programs outside the regular classroom but in a regular school for = most of the=20 school day, with some instruction in the regular classroom for part of = the=20 school day.

   Physical = support=97Services=20 designed primarily to meet the needs of students with the disabilities = of=20 orthopedic or other health impairment.=20

   Resource=97Regular classroom = instruction for=20 most of the school day, with special education services and programs = provided=20 by special education personnel in a resource room for part of the = school day.=20

   Speech and language = support=97Services for=20 students with the disability of speech and language impairment.

Source

   The provisions of this =A7  14.141 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. =
=A7 14.142. Caseload for special=20 education.

(a)  This chart presents the maximum caseload = allowed on a=20 single teacher=92s roll for each school district.

Type of Service Itinerant Resource Part-time Full-time:

Learning Support 50 20 15 12

Life Skills Support 20 20 15 12 Elementary

15 Secondary

Emotional Support 50 20 15 12

Deaf and Hearing Impaired Support 50 15 10 8

Blind or Visually Impaired Support 50 15 15 12

Speech and Language Support 65 8

Physical Support 50 15 12 12

Autistic Support 12 8 8 8

Multiple Disabilities Support 12 8 8 8

(b)  A school district may request approval for a = caseload=20 chart which varies from that in subsection (a) as part of its special=20 education plan consistent with =A7  14.104 (relating to = educational=20 plans). The caseload and supporting documents submitted shall:=20
   (1)  Ensure the ability of assigned = staff to=20 provide the services required in each student=92s IEP.=20
   (2)  Apply to special education classes = operated in the school district.=20
   (3)  Provide a justification for why = the chart=20 deviates from the caseload chart in subsection (a).=20
   (4)  Describe the opportunities for = parents,=20 teachers and other interested parties to review and comment on the = chart prior=20 to its submission.=20
(c)  Classes or programs with students from more = than one=20 district regardless of whether operated by a school district, = intermediate=20 unit, or agency shall follow the caseload chart of the district where = the=20 class or program is located. Intermediate unit itinerant services = provided to=20 multiple districts shall follow the caseload chart under subsection = (a).=20
(d)  Caseloads are not applicable to approved = private=20 schools.=20
(e)  The Department may withdraw approval of = variance in=20 the caseload chart for a school district if its caseload is determined = to be=20 inadequate. The Department will consider at least the following = indicators=20 when making the determination:=20
   (1)  Graduation rates of students with = a=20 disability.=20
   (2)  Drop-out rates of students with a=20 disability.=20
   (3)  Postsecondary transition of = students with=20 a disability.=20
   (4)  Rate of grade level retentions.=20
   (5)  Statewide and district-wide = assessment=20 results as prescribed by =A7 =A7  4.51 and 4.52 = (relating to State=20 assessment system; and local assessment system).=20
(f)  The maximum age range shall be 3 years in = elementary=20 school (grades K-6) and 4 years in secondary school (grades 7-12). A = student=20 with a disability may not be placed in a class in which the = chronological age=20 from the youngest to the oldest student exceeds these limits unless an = exception is determined to be appropriate by the IEP team and is = justified in=20 the IEP.

Source

   The provisions of this =A7  14.142 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Cross References

   This section cited in 22 Pa. Code = =A7  14.141=20 (relating to terminology related to educational placement). =
=A7 14.143. Disciplinary = placements.

(a)  Notwithstanding the requirements incorporated = by=20 reference in 34 CFR 300.519(b) (relating to change of placement for=20 disciplinary removals), a disciplinary exclusion of a student with a=20 disability for more than 15 cumulative school days in a school year = will be=20 considered a pattern so as to be deemed a change in educational = placement.=20
(b)  A removal from school is a change of placement = for a=20 student who is identified with mental retardation, except if the = student=92s=20 actions are consistent with 34 CFR 300.520 (a)(2)(i) and (ii) = (relating to=20 authority of school personnel). For this purpose, the definitions in = 34 CFR=20 300.520(d) apply.

Source

   The provisions of this =A7  14.143 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Cross References

   This section cited in 22 Pa. Code = =A7  12.6=20 (relating to exclusions from school); and 22 Pa. Code = =A7  14.133=20 (relating to behavior support).
=A7 14.144. Facilities

The comparability and availability of facilities for students = with a=20 disability shall be consistent with the approved intermediate unit or = school=20 district plan, which shall provide, by description of policies and = procedures,=20 the following:=20
   (1)  Students with disabilities will be = provided appropriate classroom space.=20
   (2)  Moving of a class shall occur only = when=20 the result will be:=20
     (i)   To bring the = location=20 for delivery of special education services and programs closer to the=20 students=92 homes.=20
     (ii)   To improve the = delivery=20 of special education services and programs without reducing the degree = to=20 which the students with disabilities are educated with students = without=20 disabilities.=20
     (iii)   To respond to = an=20 emergency which threatens the students=92 health or safety.=20
     (iv)   To accommodate = ongoing=20 building renovations, provided that the movement of students with = disabilities=20 due to renovations will be proportional to the number of students = without=20 disabilities being moved.=20
     (v)   That the = location of=20 classes shall be maintained within a school building for at least 3 = school=20 years.=20
   (3)  Each special education class is:=20
     (i)   Maintained as = close as=20 appropriate to the ebb and flow of usual school activities.=20
     (ii)   Located where = noise=20 will not interfere with instruction.=20
     (iii)   Located only = in space=20 that is designed for purposes of instruction.=20
     (iv)   Readily = accessible.=20
     (v)   Composed of at = least 28=20 square feet per student.

Source

   The provisions of this =A7  14.144 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. =

EARLY INTERVENTION

=A7 14.151. Purpose.

(a)  This section and = =A7 =A7  14.152=9714.158=20 (relating to early intervention) apply to services and programs for = eligible=20 young children.=20
(b)  Notwithstanding the requirements incorporated = by=20 reference, with regard to early intervention services:=20
   (1)  The Department will provide for = the=20 delivery of early intervention services.=20
   (2)  The Department may provide for the = delivery of some or all of these services through mutually agreed-upon = written=20 arrangements. Each mutually agreed-upon written arrangement may = include=20 memoranda of understanding under an approved plan submitted to the = Department=20 by an intermediate unit, school district or other agencies.

Source

   The provisions of this =A7  14.151 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. =
=A7 14.152. Child find, public = awareness and=20 screening.

(a)  Each early intervention agency shall adopt and = use a=20 system to locate and identify eligible young children and young = children=20 thought to be eligible who reside within the boundary served by the = early=20 intervention agency.=20
(b)  Each early intervention agency shall conduct = awareness=20 activities to inform the public of early intervention services and = programs=20 and the manner by which to request these services and programs.=20
(c)  Each early intervention agency shall provide = annual=20 public notification, published or announced in newspapers or other = media, or=20 both, with circulation adequate to notify parents throughout the area = served=20 by the agency of child identification activities and of the procedures = followed to ensure confidentiality of information pertaining to = eligible young=20 children in accordance with this chapter.

Source

   The provisions of this =A7  14.152 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Cross References

   This section cited in 22 Pa. Code = =A7  14.151=20 (relating to purpose).
=A7 14.153. Evaluation.

Notwithstanding the requirements adopted by reference:=20
   (1)  Evaluations shall be conducted by = early=20 intervention agencies for children who are thought to be eligible for = early=20 intervention and who are referred for evaluation.=20
   (2)  Evaluations shall be sufficient in = scope=20 and depth to investigate information relevant to the young child=92s = suspected=20 disability, including physical development, cognitive and sensory = development,=20 learning problems, learning strengths and educational needs, = communication=20 development, social and emotional development, self-help skills and = health=20 considerations, as well as an assessment of the family=92s perceived = strengths=20 and needs which will enhance the child=92s development.=20
   (3)  The assessment shall include = information=20 to assist the MDT to determine whether the child has a disability and = needs=20 special education and related services and to determine the extent to = which=20 the child can be involved in appropriate preschool activities.=20
   (4)  The following timeline applies to = the=20 completion of evaluations and reevaluations under this section:=20
     (i)   Initial = evaluation or=20 reevaluation shall be completed and a copy of the evaluation report = presented=20 to the parents no later than 60 days after the early intervention = agency=20 receives written parental consent.=20
     (ii)   Notwithstanding = the=20 requirements incorporated by reference in 34 CFR 300.536 (relating to=20 reevaluation), a reevaluation report shall be provided within 60 days = from the=20 date that the request for reevaluation was received from the parent or = teacher, or from the date that a determination is made that conditions = warrant=20 a reevaluation.=20
     (iii)   Reevaluations = shall=20 occur at least every 2 years.=20
   (5)  Each eligible young child shall be = evaluated by an MDT, to make a determination of continued eligibility = for=20 early intervention services and to develop an evaluation report in = accordance=20 with the requirements concerning evaluation under = =A7  14.123=20 (relating to evaluation), excluding the provision to include a = certified=20 school psychologist where appropriate under = =A7  14.123(a).

Source

   The provisions of this =A7  14.153 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Cross References

   This section cited in 22 Pa. Code = =A7  14.151=20 (relating to purpose).
=A7 14.154. IEP.

(a)  An IEP is a written plan for the provision of=20 appropriate early intervention services to an eligible young child, = including=20 services to enable the family to enhance the young child=92s = development. The=20 IEP shall be based on and be responsive to the results of the = evaluation.=20
(b)  Notwithstanding the requirements incorporated = by=20 reference, the IEP team shall include:=20
   (1)  At least one special education = teacher or=20 special education provider.=20
   (2)  An agency representative familiar = with=20 appropriate activities for preschool children and knowledgeable about = the=20 availability of the resources of the early intervention agency. With = regard to=20 the adoption of 34 CFR 300.344(a)(4) (relating to IEP team), the = agency=20 representative shall be qualified to provide or supervise the = provision of=20 specially designed instruction to meet the needs of children with=20 disabilities. This could include a preschool supervisor or service = coordinator=20 or designee of the early intervention agency.=20
(c)  With parental consent, the IEP shall include a = section=20 on family services, which shall provide for appropriate services to = assist the=20 family in supporting the eligible young child=92s development.=20
(d)  Notwithstanding the requirements incorporated = by=20 reference, the following timelines govern the preparation and = implementation=20 of IEPs:=20
   (1)  The IEP of each eligible young = child shall=20 be implemented as soon as possible, but no later than 14 days after = the=20 completion of the IEP.=20
   (2)  The IEP of each eligible young = child shall=20 be reviewed by the IEP team at least annually.=20
(e)  For children who are within 1 year of = transition to a=20 program for school age students, the IEP shall contain goals and = objectives=20 which address the transition process.=20
(f)  Progress indicators include but are not = limited to,=20 IEP annotation, dated progress and documented parental feedback.=20
(g)  If an eligible young child moves from one = early=20 intervention agency to another in this Commonwealth, the new early=20 intervention agency shall implement the existing IEP to the extent = possible or=20 shall provide services and programs specified in an interim IEP agreed = to by=20 the parents until a new IEP is developed and implemented and until the = completion of due process proceedings under this chapter.=20
(h)  Every eligible young child receiving special = education=20 and related services provided for in the IEP developed prior to June = 9, 2001,=20 shall continue to receive the special education and related services = under=20 that IEP subject to the terms, limitations and conditions set forth in = law.

Source

   The provisions of this =A7  14.154 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Cross References

   This section cited in 22 Pa. Code = =A7  14.151=20 (relating to purpose).
=A7 14.155. Range of = services.

(a)  The Department will ensure that options are = available=20 to meet the needs of children eligible for early intervention. The = options may=20 be made available directly by early intervention agencies or through=20 contractual arrangements for services and programs of other agencies = in the=20 community, including preschools, provided these other agencies are = licensed,=20 when appropriate, by the Department or the Department of Public = Welfare.=20
(b)  The IEP team shall review the alternatives in=20 subsection (c) in descending order, except for the options relating to = services and programs provided in the home. Services provided in the = home may=20 be the least restrictive early intervention program for an eligible = young=20 child.=20
(c)  The IEP team shall recommend services and = programs be=20 provided in a regular class or regular preschool program unless the = IEP team=20 determines that the IEP cannot be implemented in a regular class or = regular=20 preschool program even with supplemental aids and services. The = placement=20 options include the following:=20
   (1)  Regular preschool program or class = for the=20 entire school or program day with supportive intervention, including=20 modifications to the regular program and individualization by the = preschool=20 program or classroom teacher.=20
   (2)  Regular preschool program or class = for all=20 or most of the school or program day, with supplemental aids and = services=20 provided by early intervention personnel.=20
   (3)  Early intervention services and = programs=20 provided in a specialized setting for most or all of the program day, = with=20 noneligible young children.=20
   (4)  Early intervention services and = programs=20 provided in a specialized setting, with some programming provided in = the=20 regular preschool program or class and opportunities for participation = with=20 noneligible young children in play or other activities.=20
   (5)  Early intervention services and = programs=20 provided in the home, including services which are provided in = conjunction=20 with services provided in another setting.=20
   (6)  Early intervention services = provided in a=20 specialized early intervention program.=20
   (7)  Early intervention services and = programs=20 provided in a specialized setting, including the following:=20
     (i)   An approved = private=20 school.=20
     (ii)   A residential = school,=20 residential facility, State school or hospital or special secure = setting on an=20 individual or group basis, with parental consent.=20
     (iii)   An approved=20 out-of-State program.=20
(d)  The duration of early intervention services, = in terms=20 of program days and years, shall accommodate the individual needs of = eligible=20 young children. The duration of early intervention services shall be = developed=20 by each early intervention agency and shall be included in its plans = under=20 =A7  14.104 (relating to educational plans).=20
(e)  The caseloads of professional personnel shall = be=20 determined on the basis of maximums allowed and the amount of time = required to=20 fulfill eligible young children=92s IEPs. The following caseloads = shall be used=20 in early intervention programs:=20
   (1)  Supportive intervention. In = a=20 regular preschool program in which supportive intervention is the = primary=20 method of service, the caseload range shall be 10-40 children with no = more=20 than six eligible young children serviced in the same session. = Supportive=20 intervention includes consultation, integrated therapies and other=20 instructional strategies.=20
   (2)  Specialized setting. In = early=20 intervention programs provided in a specialized setting, the staff = ratio is=20 based on the developmental levels of the children. At least one staff = member=20 shall be a certified professional. For children functioning at:=20
   =20
     (i)   0-18 = months=97One=20 staff member for every three eligible young children, with a maximum = class=20 size of nine.=20
     (ii)   18-36 = months=97One=20 staff member for every four eligible young children, with a maximum = class size=20 of 12.=20
     (iii)   36 months = and=20 up=97One staff member for every six eligible young children, with = a maximum=20 class size of 18 children.=20
   (3)  Home based program. In = early=20 intervention programs in which the home based program is provided to = eligible=20 young children as the only program, the ratio is 10 to 20 eligible = young=20 children per teacher. This shall also include teachers of the visually = impaired, hearing impaired, and orientation and mobility specialists.=20
   (4)  Early intervention = program=97speech and=20 language. In early intervention programs, the speech and language=20 itinerant program will be provided within a caseload of 10 to 50 = eligible=20 young children enrolled per teacher.=20
   (5)  Early intervention = program=97physical and=20 occupational therapies. In early intervention programs where = physical=20 therapy or occupational therapy, or both, is specified on the IEP, = individual=20 caseloads are determined with consideration of the type of services = delivered=20 and the time required for those services.

Source

   The provisions of this =A7  14.155 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Notes of Decisions

   Least Restrictive Environment=20
   The definition of the =91=91mandated least = restrictive=20 environment=92=92 in this Commonwealth=92s early intervention = regulations differs=20 significantly from that of IDEA, in that it specifically considers = that for a=20 preschool aged child, home may be the least restrictive environment.=20 Delaware County Intermediate Unit v. Jonathan S., 809 A.2d 1051 = (Pa.=20 Cmwlth. 2002).

Cross References

   This section cited in 22 Pa. Code = =A7  14.151=20 (relating to purpose).
=A7 14.156. System of quality = assurance.

The Department will assure in accordance with section 302(b) = of the=20 act (11 P. S. =A7  875-302(b)) through its monitoring and = technical=20 assistance activities, a system of quality assurance, including = evaluation of=20 the developmental appropriateness, quality and effectiveness of = programs;=20 assurance of compliance with program standards; documented progress=20 indicators; and provision of assistance to assure compliance. These=20 requirements will apply to those programs operated by the early = intervention=20 agency directly or through providers contracted by the early = intervention=20 agency.

Source

   The provisions of this =A7  14.156 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Cross References

   This section cited in 22 Pa. Code = =A7  14.151=20 (relating to purpose).
=A7 14.157. Exit criteria.

(a)  Under section 301(14) of the act (11 P. S.=20 =A7  875-301(14)), children shall be exited subject to=20 =A7 =A7  14.161 and 141.162 (relating to procedural = safeguards)=20 from early intervention based on one or more of the following = criteria:=20
   (1)  The child has reached the age of = beginners=20 and is therefore no longer eligible for early intervention services = authorized=20 under the act.=20
   (2)  The child has functioned within = the range=20 of normal development for 4 months, with an IEP, and as verified by = the IEP=20 team.=20
   (3)  The parent or guardian withdrew = the child=20 from early intervention for other reasons.=20
(b)  If the child does not meet exit criteria and = the=20 child=92s IEP demonstrates that the child will benefit from services = which can=20 be provided only through special education, nothing in the law or this = chapter=20 prevents that placement.

Source

   The provisions of this =A7  14.157 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Cross References

   This section cited in 22 Pa. Code = =A7  14.151=20 (relating to purpose).
=A7 14.158. Data collection.

The Department will require early intervention agencies to = maintain=20 accurate information concerning eligible young children and the types = of=20 services received, and to report that information in aggregate at=20 predetermined dates throughout the fiscal year. The Secretary will = prescribe=20 the format, content, data items and time for submission of the = required=20 information.

Source

   The provisions of this =A7  14.158 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Cross References

   This section cited in 22 Pa. Code = =A7  14.151=20 (relating to purpose).

PROCEDURAL SAFEGUARDS

=A7 14.161. Prehearing = conferences.

The purpose of the prehearing conference is to reach an = amicable=20 agreement in the best interest of the student or young child.=20
   (1)  In addition to the requirements=20 incorporated by reference in 34 CFR 300.503=97300.505 (relating to = prior notice=20 by the public agency; content of notice; procedural safeguards notice; = and=20 parental consent), the notice shall provide for a parent to request = the school=20 district or early intervention agency in the case of a young child to = convene=20 a prehearing conference in instances when the parent disapproves the = school=20 district=92s proposed action or refusal to act.=20
   (2)  When a parent requests and the = school=20 district or early intervention agency in the case of a young child = agrees to=20 participate in a prehearing conference, the conference shall be = convened=20 within 10 days of receipt of the parent notice and shall be chaired by = the=20 superintendent, the early intervention agency representative or their=20 designees.=20
   (3)  A parent or the school district or = early=20 intervention agency in the case of a young child may waive the right = to a=20 prehearing conference and immediately request an impartial due process = hearing=20 under =A7  14.162 (relating to impartial due process hearing = and=20 expedited due process hearing).=20
   (4)  If the prehearing conference = results in=20 agreement, the provisions under =A7  14.131 (relating to = IEP) shall be=20 applied.=20
   (5)  Within 5 days of the agreement, a = parent=20 may notify the school district or early intervention agency in the = case of a=20 young child, in writing, of a decision not to approve the = identification,=20 evaluation, recommended assignment or the provision of a free = appropriate=20 public education. When a parent gives notice not to approve the=20 identification, evaluation, recommended assignment, or the provision = of a free=20 appropriate public education, or if the prehearing conference does not = result=20 in an agreement, the provisions under =A7  14.162 shall be=20 applied.

Source

   The provisions of this =A7  14.161 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

Notes of Decision

   Consumer Complaint=20
   Parents/complainants had no right to appeal a=20 determination of a consumer complaint in which the parents alleged a = general=20 failure to provide a preconference hearing and a due process hearing.=20 Complainants are not considered a =91=91party=92=92 to a proceeding = before the=20 Department upon the filing of a consumer complaint and, therefore, may = not=20 file an appeal of a decision. Wolfe v. Lower Merion School = District,=20 801 A.2d 639 (Pa. Cmwlth. 2002).

Cross References

   This section cited in 22 Pa. Code = =A7  11.34=20 (relating to excusals from attendance for other than temporary = reasons); and=20 22 Pa. Code =A7  14.157 (relating to exit criteria). =
=A7 14.162. Impartial due process = hearing and=20 expedited due process hearing.

(a)  In addition to the requirements incorporated = by=20 reference in 34 CFR 300.504 (relating to procedural safeguard notice), = with=20 regard to a student who is mentally retarded or thought to be mentally = retarded, a notice when mailed shall be issued to the parent by = certified mail=20 (addressee only, return receipt requested).=20
(b)  If parents disagree with the school = district=92s, or the=20 early intervention agency=92s in the case of a young child, = identification,=20 evaluation, or placement of, or the provision of a free appropriate = public=20 education to the student or young child, the parent may request an = impartial=20 due process hearing.=20
(c)  A school district may request a hearing to = proceed=20 with an initial evaluation or a reevalaution when the district has not = obtained parental consent as required by 34 CFR 300.505(c)(relating to = parental consent). When a parent rejects the district=92s proposed=20 identification of a child, proposed evaluation, proposed provision of = a free=20 appropriate public education or proposed educational placement, other = than the=20 initial placement, the school district may request an impartial due = process=20 hearing.=20
(d)  The hearing for a child with a disability or = thought=20 to be a child with a disability shall be conducted by and held in the = school=20 district at a place and time reasonably convenient to the parents and = child=20 involved. A hearing for an eligible young child or thought to be = eligible=20 young child shall be conducted by the early intervention agency at a = place and=20 time reasonably convenient to the parents and child involved. These = options=20 shall be set forth in the notice provided for requesting a hearing.=20
(e)  The hearing shall be an oral, personal hearing = and=20 shall be closed to the public unless the parents request an open = hearing. If=20 the hearing is open, the decision issued in the case, and only the = decision,=20 shall be available to the public. If the hearing is closed, the = decision shall=20 be treated as a record of the student or young child and may not be = available=20 to the public.=20
(f)  The decision of the hearing officer shall = include=20 findings of fact, discussion and conclusions of law. Although = technical rules=20 of evidence will not be followed, the decision shall be based solely = upon the=20 substantial evidence presented at the hearing.=20
(g)  The hearing officer shall have the authority = to order=20 that additional evidence be presented.=20
(h)  A written or at the option of the parents, = electronic=20 verbatim record of the hearing shall, upon request, be made and = provided to=20 parents at no cost.=20
(i)  Parents may be represented by legal counsel = and=20 accompanied and advised by individuals with special knowledge or = training with=20 respect to the problems of children with disabilities.=20
(j)  A parent or parent=92s representative shall be = given=20 access to educational records, including any tests or reports upon = which the=20 proposed action is based.

(k)  A party may prohibit the introduction of = evidence at=20 the hearing that has not been disclosed to that party at least = 5-business days=20 before the hearing.=20
(l)  A party has the right to compel the attendance = of and=20 question witnesses who may have evidence upon which the proposed = action might=20 be based.=20
(m)  A party has the right to present evidence and=20 testimony, including expert medical, psychological or educational = testimony.=20
(n)  A party to a hearing has the right to obtain = written,=20 or, at the option of the parents, electronic findings of fact and = decisions.=20
(o)  The decision of the hearing officer regarding = a child=20 with a disability or thought to be a child with a disability may be = appealed=20 to a panel of three appellate hearing officers. The panel=92s decision = may be=20 appealed further to a court of competent jurisdiction. In notifying = the=20 parties of its decision, the panel shall indicate the courts to which = an=20 appeal may be taken. The decision of the hearing officer regarding an = eligible=20 young child may be appealed to a court of competent jurisdiction. In = notifying=20 the parties of the decision, the hearing officer shall indicate the = courts to=20 which an appeal may be taken.=20
(p)  The following applies to coordination services = for=20 hearings and to hearing officers and appellate hearing officers:=20
   (1)  The Secretary may contract for=20 coordination services in support of hearings conducted by local school = districts. The coordination services shall be provided on behalf of = school=20 districts and may include arrangements for stenographic services, = arrangements=20 for hearing officer services, scheduling of hearings and other = functions in=20 support of procedural consistency and the rights of the parties to = hearings.=20
   (2)  If a school district chooses not = to=20 utilize the coordination services under paragraph (1), it may conduct = hearings=20 independent of the services if it has obtained the Secretary=92s = approval of=20 procedures that similarly provide for procedural consistency and = ensure the=20 rights of the parties. In the absence of approval, a school district = which=20 receives a request for an impartial due process hearing shall forward = the=20 request to the entity providing coordination services under paragraph = (1)=20 without delay.=20
   (3)  The Secretary will contract for = the=20 services of hearing officers for hearings related to an eligible young = child=20 or thought to be eligible young child and for appellate hearing = officers for=20 school aged students and may compensate the hearing officers and = appellate=20 hearing officers for their services. The compensation does not cause = the=20 hearing officers and appellate hearing officers to become employees of = the=20 Department.=20
   (4)  Neither a hearing officer nor an = appellate=20 hearing officer may be an employee or agent of a school entity in = which the=20 parents or student or young child resides, or of an agency which is=20 responsible for the education or care of the student or young child or = by a=20 person having a personal or professional interest that would conflict = with the=20 person=92s objectivity in the hearing. A hearing officer or appellate = hearing=20 officer shall promptly inform the parties of a personal or = professional=20 relationship the officer has or has had with any of the parties.=20
(q)  The following timeline applies to due process=20 hearings:=20
   (1)  A hearing shall be held within 30 = days=20 after a parent=92s or school district=92s initial request for a = hearing. If the=20 school district uses the coordination services under subsection (p), = the=20 parent=92s request must be forwarded by the school district within 5 = days of the=20 receipt of the request to the service agency supported by the = Secretary.=20
   (2)  The hearing officer=92s decision = shall be=20 issued within 45 days after the parent=92s or school district=92s = request for a=20 hearing.=20
   (3)  The appellate hearing panel shall = render a=20 decision within 30 days after a request for review.=20
   (4)  A hearing officer or appellate = hearing=20 officer may grant specific extensions of time beyond the periods in = paragraphs=20 (1)=97(3) at the request of either party.=20
   (5)  If an expedited hearing is = conducted under=20 34 CFR 300.528 (relating to expedited due process hearings), the = hearing=20 officer decision shall be mailed within 45 days of the public = agency=92s receipt=20 of the request for the hearing without exceptions or extensions.=20
(r)  If the decision of the hearing officer is = appealed,=20 the panel of appellate hearing officers as provided in subsection (o) = shall=20 conduct an impartial review of the hearing. The review shall do the = following:=20
   (1)  Examine the entire hearing record. =
   (2)  Ensure that the procedures at the = hearing=20 were consistent with the requirements of due process.=20
   (3)  Seek additional evidence if = necessary. If=20 a hearing is held to receive additional evidence, the rights under = subsections=20 (e)=97(n) apply.=20
   (4)  Afford the parties an opportunity = for oral=20 or written argument, or both, at the discretion of the panel of = appellate=20 hearing officers.=20
   (5)  Make an independent decision on = completion=20 of the review.=20
   (6)  Give to the district a written = copy of the=20 findings of fact and decisions and provide at the option of the = parents, a=20 written or electronic copy of the findings of fact and decisions.=20
(s)  Each school district and early intervention = agency=20 shall keep a list of the persons who serve as hearing officers. The = list shall=20 include the qualifications of each hearing officer. School districts = and early=20 intervention agencies shall provide parents with information as to the = availability of the list and shall make copies of it available upon=20 request.

Source

   The provisions of this =A7  14.162 = adopted June=20 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended April 30, = 2004,=20 effective May 1, 2004, 34 Pa.B. 2324. Immediately preceeding text = appears at=20 serial pages (293076) to (293077), (279597) to (279598) and = (293079).

Notes of Decisions

   Consumer Complaint=20
   Parents/complainants had no right to appeal a=20 determination of a consumer complaint in which the parents alleged a = general=20 failure to provide a preconference hearing and a due process hearing.=20 Complainants are not considered a =91=91party=92=92 to a proceeding = before the=20 Department upon the filing of a consumer complaint and, therefore, may = not=20 file an appeal of a decision. Wolfe v. Lower Merion School = District,=20 801 A.2d 639 (Pa. Cmwlth. 2002).

Cross References

   This section cited in 22 Pa. Code = =A7  11.34=20 (relating to excusals from attendance for other than temporary = reasons); and=20 22 Pa. Code =A7  14.161 (relating to prehearing = conferences).

No part of the information on this site may be = reproduced for=20 profit or sold for profit.

This material has been drawn = directly from=20 the official Pennsylvania Code full text database. Due to the = limitations of=20 HTML or differences in display capabilities of different browsers, = this=20 version may differ slightly from the official printed version.=20

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Type of Service	Itinerant	Resource	Part-time	Full-time:
Learning Support	50	20	15	12
Life Skills Support	20	20	15	12 Elementary
				15 Secondary
Emotional Support	50	20	15	12
Deaf and Hearing Impaired Support	50	15	10	8
Blind or Visually Impaired Support	50	15	15	12
Speech and Language Support	65			8
Physical Support	50	15	12	12
Autistic Support	12	8	8	8
Multiple Disabilities Support	12	8	8	8

CHAPTER 14. SPECIAL EDUCATION SERVICESAND=20 PROGRAMS

GENERAL = PROVISIONS

CHILD FIND, SCREENING AND=20 EVALUATION

IEP

EDUCATIONAL=20 PLACEMENT

EARLY = INTERVENTION

PROCEDURAL=20 SAFEGUARDS

=A7 14.32. [Reserved].

=A7 14.34. [Reserved].

=A7 14.35. [Reserved].

=A7 14.39. [Reserved].

=A7 =A7 14.54=9714.56. [Reserved].

=A7 14.63. [Reserved].

=A7 14.64. [Reserved].

=A7 14.65. [Reserved].

=A7 14.68. [Reserved].

GENERAL PROVISIONS

=A7 14.101. Definitions.

CHILD FIND, SCREENING AND EVALUATION

=A7 14.121. Child find.

IEP

=A7 14.131. IEP.

EDUCATIONAL PLACEMENT

=A7 14.141. Terminology related = to=20 educational placement.

=A7 14.144. Facilities

EARLY INTERVENTION

=A7 14.151. Purpose.

PROCEDURAL SAFEGUARDS

=A7 14.161. Prehearing = conferences.

CHAPTER 14. SPECIAL EDUCATION SERVICES
AND=20 PROGRAMS