reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 22 - EDUCATION › Part IX - State Library and Advisory Council on Library Development › Subpart B - Advisory Council on Library Development › Chapter 143 - STATE DOCUMENT DEPOSITORIES › Section 143.3 - Eligibility for depository collection status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
State college and university
				  libraries.
The main library at each state college or university shall
				  be eligible for designation as a depository collection library.
(b)
District library
				  centers.
Each library designated as a district library center pursuant
				  to article II, section 211, of the act of June 14, 1961 (24 P.S. §
											4211), shall be eligible for designation as a
				  depository collection library.
(c)
Regional library resource centers.
The four libraries
				  designated as regional library resource centers pursuant to article II, section
				  209, of act of June 14, 1961 (24 P.S. §
											4209),
				  shall be eligible for designation as a depository collection library.
(d)
Libraries of State-related
				  universities and colleges.
The library at each of the universities and
				  colleges in the Commonwealth which receive annual appropriations from the state
				  and are considered "State-related" shall be eligible for designation as a
				  depository collection library.
(e)
U.S. Documents depository libraries.
Any library currently
				  designated by the Superintendent of Documents as a depository for Federal
				  documents shall be eligible for designation as a depository collection
				  library.
(f)
Other academic
				  libraries.
Libraries of other state accredited universities, colleges,
				  junior or community colleges in the Commonwealth shall be eligible for
				  designation as depository collections if the institution's total student
				  enrollment is over 5,000 or if there are no other libraries designated under
				  subsections (a)-(e) in the county in which the institution is
				  located.
(g)
Other public
				  libraries.
Other public libraries organized under the provisions of
				  act of June 14, 1961 (24 P.S. §
											4201
				  et seq.), and currently eligible to receive state aid pursuant to article III,
				  section 303 of that act shall be eligible for designation as depository
				  collections provided there are no other libraries in that county designated or
				  eligible for designation under subsections (a)-(f), the library is the central
				  library for a system of public libraries, and the library serves as an
				  extensive regional branch reference library for a large system of
				  libraries.
This section cited in 22 Pa. Code §
												143.5 (relating to conditions for
						designation).
Pennsylvania Code › Title 22 - EDUCATION › Part IX - State Library and Advisory Council on Library Development › Subpart B - Advisory Council on Library Development › Chapter 143 - STATE DOCUMENT DEPOSITORIES › Section 143.4 - Number of collections

Current through Register Vol. 54, No. 28, July 13, 2024
The state Librarian shall designate no more than 100
					 libraries in the Commonwealth as depository collections.
Pennsylvania Code › Title 22 - EDUCATION › Part IX - State Library and Advisory Council on Library Development › Subpart B - Advisory Council on Library Development › Chapter 143 - STATE DOCUMENT DEPOSITORIES › Section 143.5 - Conditions for designation

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the provisions of §
										143.3 (relating to eligibility for
					 depository collection status), the libraries to be designated as depository
					 collections shall agree to the following conditions:
(1) The publications received under the
				  depository law must be given the same treatment or cataloging as other similar
				  material purchased or given for the regular library collection.
(2) The depository collection library shall
				  agree to provide free public reference and information service from the
				  Commonwealth publications received as a depository. It shall also agree to
				  house adequately and safely the publications until such time as disposal or
				  return of items is authorized.
(3)
				  The publications received must be made available for the use of any citizen of
				  the Commonwealth whether or not that individual is a resident of the
				  municipality in which that library is located, a registered user of the
				  library, or an enrolled student in the institution.
(4) The publications received must be kept in
				  the depository library's collection for at least 5 years except those items for
				  which the State Librarian may authorize a shorter retention period. All
				  publications due for disposal shall first be offered to the State Library for
				  return before disposal is carried out.
This section cited in 22 Pa. Code §
												143.6 (relating to application for
						depository collection status).
Pennsylvania Code › Title 22 - EDUCATION › Part IX - State Library and Advisory Council on Library Development › Subpart B - Advisory Council on Library Development › Chapter 143 - STATE DOCUMENT DEPOSITORIES › Section 143.6 - Application for depository collection status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Automatic designation.
The State Librarian shall grant depository status to all eligible libraries
				  falling within §
										143.5(a)-(e) 
				  (relating to conditions for designation) after receiving their agreement to the
				  conditions outlined in §
										143.5.
(b)
Discretionary designation.
Eligible libraries falling within §
										143.5 may be requested by the
				  State Librarian to accept depository status within the given conditions in
				  order to further the aims of the publications depository system for
				  geographical comprehensiveness. Other libraries seeking depository status shall
				  address their request by letter to the State Librarian. Such letters of
				  application shall be signed by the head librarian and the board of trustees in
				  the case of public libraries, or the head librarian and the president of the
				  institution in the case of academic libraries. The State Librarian shall
				  respond to the letter of application within 60 days by granting depository
				  status or by clearly explaining by letter the ineligibility of the library for
				  depository status.
Pennsylvania Code › Title 22 - EDUCATION › Part IX - State Library and Advisory Council on Library Development › Subpart B - Advisory Council on Library Development › Chapter 143 - STATE DOCUMENT DEPOSITORIES › Section 143.7 - Termination of depository collection status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Voluntary termination.
If a library decides to relinquish its status as a depository collection it
				  shall do so by letter to the State Librarian. The letter must be signed by both
				  the head librarian and the president of the board of trustees in the case of
				  public libraries and the head librarian and the president of the institution in
				  the case of academic libraries. The State Librarian will arrange to halt the
				  shipment of Commonwealth publications to such libraries and make appropriate
				  mutual arrangement to dispose of any unwanted state publications on deposit
				  with the library.
(b)
Involuntary termination.
If a depository collection library
				  does not comply with the agreed-to conditions, and, after adequate warning,
				  refuses to comply with said conditions, the State Librarian shall terminate
				  depository status and end the shipment of Commonwealth publications to that
				  library. Notice of termination shall be given by a letter explaining the
				  reasons for the termination to the head librarian with a true copy of the
				  letter to either the president of the institution in the case of an academic
				  library or the president of the board of trustees in the case of public
				  library. Return to the Commonwealth of publications on deposit shall be
				  arranged between the State Librarian and the library's head
				  librarian.
Pennsylvania Code › Title 22 - EDUCATION › Part IX - State Library and Advisory Council on Library Development › Subpart B - Advisory Council on Library Development › Chapter 143 - STATE DOCUMENT DEPOSITORIES › Section 143.8 - Role of the State Library

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Receiving publications.
Under sections 201 and 425 of act of
				  June 14, 1961 (24 P.S. §§
											4201
				  and 4425) the State Library shall
				  receive copies of all publications of all agencies of the Commonwealth for the
				  maintenance of its own collection, for distribution to the depository
				  collections, and for exchange with out-of-State libraries, the number of copies
				  of each publication may be up to, but not exceed 250 copies.
(b)
Listing publications.
The State Library shall publish a periodic listing of Commonwealth publications
				  received for its collection. The list shall be distributed to all public and
				  academic libraries in the Commonwealth.
(c)
Selecting publications.
The State Library will select publications from those received for its own
				  collection and arrange for copies of those selected to be shipped to the
				  depository collections.
(d)
Shipping publications.
In most cases the Bureau of
				  Publications, Department of Property and Supplies, shall be responsible for the
				  shipment and delivery of Commonwealth publications to depository collections.
				  When the availability of a publication becomes known to either the State
				  Library or the Bureau of Publications, Department of Property and Supplies, the
				  State Librarian may designate it as a depository item and request the Bureau of
				  Publications to distribute it to the depository libraries. If the publication
				  is not stocked by the Department of Property and Supplies, the State Library
				  will seek to obtain a sufficient number of copies for its own collection and
				  for distribution to the depository.
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › GENERAL PROVISIONS FOR RETRENCHMENT OF EMPLOYES › Section 155.2 - Retrenchment time table

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Between April 28, 1975, and June 30, 1975.
Each college
				  administration shall arrange for Meet and Discuss conferences with employe
				  organization representatives to consider, in accordance with these Regulations,
				  the elimination of the projected budget deficit of the college by reorganizing
				  academic programs and by reducing the total number of currently occupied
				  positions in the college.
(b)
By June 30, 1975.
Each president shall submit a detailed
				  retrenchment plan to the Secretary of Education. The plan shall include the
				  proposed academic program changes together with the name, class title, and
				  annual salary of each person whose employment will terminate at the end of the
				  regular 1975-1976 academic year of the college.
(c)
Between June 30, 1975, and July
				  14, 1975.
Each college administration shall arrange for Meet and
				  Discuss conferences with employe organization representatives to consider, in
				  accordance with these Regulations, the validation of the 12-month retrenchment
				  targets used in the retrenchment plan of the college and to consider
				  recommendations for alternatives to the retrenchments specified in the June 30
				  plan.
(d)
By July 14, 1975.
Each president shall submit to the Secretary commentaries about the
				  retrenchment targets issued by the Secretary. The president may include with
				  these commentaries proposals for reducing the number of positions scheduled for
				  retrenchment at the college or proposals for reducing the impact of the
				  retrenchments upon students and their academic status. Such proposals shall be
				  made in accordance with these Regulations, and they must not result in
				  restoration of a budget deficit.
(e)
Between June 30, 1975, and August
				  10, 1975.
The Secretary shall arrange for a process of individual
				  review of the retrenchment plans of each college. Each college shall learn of
				  the results of these reviews in a very brief time after presentation of its
				  plan so that appropriate revisions may be made prior to a final
				  submission.
(f)
By August
				  25, 1975.
The Secretary shall give final approval to the retrenchment
				  plans at each college and authorize their implementation.
(g)
On September 8, 1975.
The president of each college shall inform, by certified United States mail,
				  each employe who is to be retrenched. This notification will also include the
				  final date of employment.
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.11 - The Secretary of Education

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Secretary shall establish a process for insuring continuous, timely
				  communication concerning retrenchment planning between the department of
				  education and the colleges, including refined interpretations of these
				  regulations.
(b) The availability
				  of convenient, rapid, and accurate telephone advice is anticipated for helping
				  to solve a particular college problem. Written communications through which
				  information will be shared among all of the colleges shall also be
				  distributed.
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.12 - The Budget

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Secretary shall provide each college with "retrenchment targets" to be used for
				  retrenchment planning.
(b) The
				  retrenchment targets shall relate to the anticipated costs and anticipated
				  funding levels at each college during the 1975-1976 fiscal year. Current
				  estimates indicate that each college will incur a deficit during that fiscal
				  period. It shall further be assumed that the deficit at each college will
				  recur, at the same level, in fiscal year 1976-1977.
(c) Through the retrenchment planning process
				  covered by the guidelines, each college shall insure that the expenditures
				  throughout fiscal 1976-1977 will be at a level that will eliminate the deficit
				  projected in the budget assumptions. Expenditures and revenues at each college
				  shall be in full balance during 1976-1977.
(d) The assumptions upon which the 1975-1976
				  budget forecasts shall be based will include at least these elements: stable
				  enrollments; a tuition increase in 1975-1976; no change in Federal funding;
				  self-supporting food services; probable future levels of state appropriations,
				  augmentations, and supplemental allocations; restoration of consumable
				  inventories to minimally "safe" levels; the need for payment of unemployment
				  compensation; an arbitrarily assigned percentage of salary increase projection
				  (This percentage will merely "fill a gap" in the forecasts and shall not be
				  considered in any manner as being Commonwealth policy. Should the Commonwealth
				  actually pay a higher rate of salary than appears in these assumptions, then
				  the level of proposed retrenchments will rise; if the actual rate of salary
				  increase is lower than shown, then the expected level of retrenchments will be
				  reduced). A 12-month base will be used for all forecasts. Retrenchment targets
				  have been calculated on the proportion of college expenditures to the total
				  expenditures of the system.
(e) The
				  retrenchment targets will also honor the continuing commitment for additional
				  resources to support the desegregation plan in the state college
				  system.
(f) The fiscal condition of
				  a college will determine the absolute number of positions to be retrenched at
				  that college.
(g) Budget provisions
				  must be made at each college for the payment of unemployment compensation which
				  shall be a charge made directly against the college budget as long as such
				  payments continue as a Commonwealth obligation.
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.13 - The college president

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  president shall arrange meet and discuss conferences directly with college
				  representatives of APSCUF and, through the secretary of administration, with
				  representatives of other state college employes in organizations having
				  collective bargaining relationships with the Commonwealth.
(b) The initial discussions at the colleges
				  will focus upon the preservation of the integrity of academic programs within
				  the framework of declining fiscal resources. While employes other than faculty
				  will be affected by these discussions at each college, the final decisions
				  about these other positions to be retrenched at a college are substantially
				  influenced by the academic program decisions. Thus, the very first discussions
				  should take place only with APSCUF; then, as academic program decisions begin
				  to be outlined, discussions should be arranged with other employe
				  representatives.
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.14 - Positions affected

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				  positions must be retrenched at a college, the impact shall be distributed
				  among all position classifications of employes specifications of employes
				  specifically. This shall include positions classified as:
(1) State college and university
				  managers
(2) Civil service
				  managers
(3) State college and
				  university administrators
(4)
				  Association of Pennsylvania state college and university facilities, unit
				  II
(5) American Federation of State
				  of county, and municipal employees; Pennsylvania nurses association; United
				  Plant Guard workers of America; Pennsylvania Association of state mental
				  hospital physicians, and federation of state cultural and educational
				  professional units.
(6) Association
				  of Pennsylvania State College and university faculties, unit I
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.15 - Documentation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All existing
				  documents relevant for retrenchment discussions at each college shall be made
				  available when needed for meet and discuss conferences or for related
				  retrenchment planning.
(b) These
				  documents shall include, but not be limited to:
(1) Complete budget documents.
(2) Organization charts and staffing
				  records.
(3) Faculty workload
				  records.
(4) Affirmative action
				  records.
(5) Class sizes listed by
				  individual faculty name.
(6)
				  Enrollment data.
(7) Employe
				  seniority lists.
(8) Academic
				  program information.
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.16 - Teaching faculty positions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The retrenchment of teaching faculty
				  positions shall be considered sequentially in accordance with the sub-steps of
				  this regulation, recognizing, however, that each decision made at each step is
				  a tentative one that may be reconsidered at any stage prior to the preparation
				  of the final, proposed college plan. The final decisions with regard to the
				  positions to be abolished and the specific employes to be terminated shall be
				  made by the president who shall give careful consideration to the advice and
				  recommendations made through meet and discuss conferences and other conferences
				  during retrenchment planning. The impacts of retrenchment upon the academic
				  status of students shall be reduced to the smallest levels possible.
(b) In considering retrenchment of teaching
				  positions, to the greatest extent feasible the present comprehensive nature of
				  the college shall be preserved; that is, a full spectrum of the arts, sciences,
				  and humanities shall be available to the level of general education supportive
				  of undergraduate degree programs.
(c) Two priority considerations, however, in
				  the order stated here, shall have precedent value in the final establishment of
				  the academic offerings available subsequent to retrenchment;
(1)
First priority
				  consideration.
Major new missions adopted by resolution of Board of
				  State College and University Directors (January, 1975) shall be protected.
				  Those disciplines which directly support new mission programs are to be in a
				  favored class. To be "favored" or to be "protected" means either to escape
				  reductions or to be reduced at a lower rate than programs not so
				  protected.
(2)
Second
				  priority consideration.
Commitments to academic programs, student
				  services, and affirmative action employment made under the Pennsylvania
				  Department of Education Revised Plan for Equal Opportunity in the State
				  Colleges and University (Pennsylvania Desegregation Plan) shall be
				  honored.
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.17 - Total positions to be retrenched

Current through Register Vol. 54, No. 28, July 13, 2024
In the preparation for the final retrenchment plan, as it
					 affects teaching faculty, the president shall after all discussions have been
					 held and recommendations made, determine the following:
(1) The net teaching faculty positions to be
				  retrenched.
(2) The departments or
				  organizational units to be in relatively protected status, and those to be
				  relatively open to reduction in positions.
(3) The proportions of net retrenchment to be
				  contributed by each department or organizational unit to achieve the targeted
				  number of reductions.
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.18 - Affirmative action

Current through Register Vol. 54, No. 28, July 13, 2024
Pursuant to the Commonwealth's affirmative action program
					 and related laws, orders, and rules, affirmative conditions of employment of
					 women and minorities shall be maintained in determining which persons are
					 assigned to the positions remaining after the retrenchment discussions and
					 planning have resulted in a projection of reduced employment. The
					 pre-retrenchment percentages of representation of white males, women, and
					 minorities in each bargaining unit shall be maintained after the final layoff
					 lists have been prepared (APSCUF unit I and unit II shall be considered
					 separate bargaining units.)
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.19 - Seniority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each president
				  shall insure that the processes used to identify the persons to be laid off in
				  APSCUF unit I are designed to give priority consideration in the following
				  order: The commitment level of appointment (temporary employes should be
				  considered first); seniority according to the requirements of appropriate
				  organizational units; and the protection of sub-specialties within the
				  organizational unit affected by retrenchment.
(b) Additional obligations concerning
				  retrenched employes under the collective bargaining agreement-such as one
				  requiring a "reasonable effort to place him/her in another suitable position if
				  such is available"-shall be honored.
(c) The temporary appointments of persons 65
				  years of age or older should particularly be reviewed for retrenchment
				  feasibility.
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.20 - Support staff

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Each president shall insure that the processes used to identify the persons to
				  be laid off in bargaining units other than APSCUF unit I are designed so that
				  the needs of the college will be met effectively after retrenchment.
(b) Since many of the units other than APSCUF
				  Unit I include positions that are in a contributory, supportive role to the
				  academic programs, the effects on such positions of changes in the academic
				  program resulting from retrenchment shall be considered in determining which
				  employes are to be assigned to the positions available after
				  retrenchment.
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.21 - Status of retrenched personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each college shall maintain its personnel
				  programs and practices in its usual manner subsequent to the notification of
				  employes of layoff status on September 8, 1975.
(b) A particular faculty member, whose
				  employment will be terminated as of May 31, 1976, or between May 31, 1976, and
				  August 31, 1976, shall be eligible for full consideration in the college
				  programs as professional development and evaluation; tenure reviews;
				  promotions; and distinguished faculty awards.
(c) If no person who is to be retrenched at a
				  college is qualified to fill a vacant position retained at that college after
				  the implementation of its retrenchment plan, the college shall use its
				  established recruitment program to fill a vacancy.
Pennsylvania Code › Title 22 - EDUCATION › Part X - Board of State College and University Directors › Chapter 155 - PERSONNEL › PROCEDURES FOR MAKING RETRENCHMENT DECISIONS › Section 155.22 - Alternative plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Within 2 weeks after the publication of this chapter. The Secretary of
				  Education will distribute a statement concerning alternatives to retrenchment.
				  The statement shall include specific suggestions for use by the colleges in
				  their retrenchment planning.
(b)
				  Throughout the period of retrenchment planning and during the first year of
				  retrenchment notification-that is, between April 28, 1975 and August 31,
				  1976-colleges may search for alternatives to retrenchment that would meet both
				  the expenditure targets and educational quality and service targets for fiscal
				  1976-1977.
(c) Proposed plans for
				  alternatives to retrenchment may be presented by July 14, 1975. During the
				  initial stage of the retrenchment planning process, however, each college shall
				  plan with the assumption that no alternatives are likely to be implemented
				  prior to September 8, 1975. Under these circumstances, it is inevitable that
				  the retrenchment plans submitted on June 30, 1975, will, for each college,
				  identify the employes who will receive termination notices immediately after
				  September 8, 1975.
(d) If
				  alternatives to retrenchment are approved by the Secretary of Education, he may
				  authorize the rescinding of the appropriate number of layoff notices. The
				  approval will not be granted, however, unless anticipated savings of
				  expenditures or anticipated additional revenues from non-Commonwealth sources
				  proposed as alternatives to the retrenchment plan of a college are officially
				  and fully realized prior to the period of either layoff notification or
				  termination.
(e) If gifts, grants
				  or endowments are made to a college so that a position scheduled for
				  retrenchment might be preserved, the amount of the gift, grant or endowment may
				  not be subtracted from Commonwealth revenues received by the college, and the
				  position may be restored for the period covered by the additional funds. The
				  priority considerations of the college's new missions and academic balance
				  shall still be applied as tests of the position, however.
Pennsylvania Code › Title 22 - EDUCATION › Part XI - School Administrators' Handbook › Chapter 161 - USE AND AVAILABILITY OF HANDBOOK AND MEMORANDUMS › Section 161.1 - School Administrators' Handbook

Current through Register Vol. 54, No. 28, July 13, 2024
The School Administrator's Handbook contains the basic
				  policies, directives and procedures of the Department of Education. It is an
				  adjunct to the school laws of the Commonwealth for the administration of the
				  schools of this Commonwealth.
Pennsylvania Code › Title 22 - EDUCATION › Part XI - School Administrators' Handbook › Chapter 161 - USE AND AVAILABILITY OF HANDBOOK AND MEMORANDUMS › Section 161.2 - School Administrators' Memorandums

Current through Register Vol. 54, No. 28, July 13, 2024
The School Administrators' Memorandums supplement the
				  Handbook as a means of relaying quickly, information of temporary or one-time
				  interest, information to be later included in the Handbook, or interpreting and
				  clarifying previously issued material.
Pennsylvania Code › Title 22 - EDUCATION › Part XI - School Administrators' Handbook › Chapter 161 - USE AND AVAILABILITY OF HANDBOOK AND MEMORANDUMS › Section 161.3 - Availability of Handbook and Memorandums

Current through Register Vol. 54, No. 28, July 13, 2024
The Handbook and Memorandums are available for public
				  inspection and copying at the principal administration office of each school
				  district and each intermediate unit, and at the offices of the Department of
				  Education, Education Building, Harrisburg, Pennsylvania
				  17126.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.11 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and phrases, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Ancillary costs
-Those costs, as approved
					 by the Department, that are reasonably necessary to establish, sustain,
					 administer and operate an approved private school for the purpose of providing
					 a program of instruction and maintenance.
Approved private school
-A private school
					 licensed by the State Board of Private Academic Schools when the specific
					 special education program for certain exceptional handicapped persons is
					 approved by the Secretary and is thereby eligible to receive payments for
					 tuition, or tuition and maintenance, from funds of the school district or the
					 Commonwealth, or both.
Board
-The State Board of Education of the
					 Commonwealth.
Charges for optional services
-Those
					 charges for programs and services offered directly to parents which are not
					 part of the program of instruction and maintenance appropriate to the needs of
					 the child or not part of the normal school year.
Department
-The Department of Education of
					 the Commonwealth.
Maintenance
-Board, lodging, supervision
					 and other activities that are reasonably necessary to sustain the physical
					 well-being of the child while in residence.
Persons of school age
-Persons aged 6 to 21
					 and persons below the age of 6 who are of the age at which regular education
					 programs are provided in their school district of residence.
Program of instruction and maintenance appropriate
					 to the child's needs
-A program in an approved private school which
					 meets the individual special educational needs of the child in accordance with
					 the special education standards of the Department and the agreement by a
					 parent, the school district and the approved private school; which is ordered
					 by a hearing officer; or which is ordered by the Secretary on appeal.
School year
-The period within the fiscal
					 year of July 1 to June 30 of at least 180 instructional days or, if approved by
					 the Secretary, a period of less than 180 instructional days in which a
					 meritorious educational program of at least 900 hours at the elementary level
					 and 990 hours at the secondary level is offered.
Secretary
-The Secretary of the
					 Department.
Tuition and maintenance
-The charges made
					 to the Commonwealth by an approved private school to cover the instructional
					 and ancillary costs of operating that school as well as the charges for the
					 maintenance of a child in residence at that school.
This section cited in 22 Pa. Code §
												171.40 (relating to standards for
						determining allowable expenses and costs incurred by approved private schools);
						and 22 Pa. Code §
												171.41 (relating to general
						standard of reimbursability).
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.12 - Educational plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Plan.
The plan for special education required by section 1372
				  of the Public School Code of 1949 (24 P. S. §
											13-1372) shall recognize approved private
				  schools as a resource of the State school system in providing for the education
				  of certain exceptional persons of school age.
(b)
Approval.
The Secretary
				  may approve, as necessary, additional private school programs to provide an
				  appropriate education in areas of this Commonwealth when the programs cannot be
				  provided by the school district, intermediate unit or other Commonwealth
				  agency.
(c)
List.
The Secretary will furnish annually to each intermediate unit a listing of all
				  approved private schools and the types of programs approved for each.
				  Intermediate unit planning shall include provisions for use of approved private
				  schools when appropriate, especially for multihandicapped persons of school age
				  for whom the school district or intermediate unit cannot efficiently provide an
				  appropriate program.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.13 - Program responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
The primary responsibility for providing an appropriate
					 program of education or training, or both, shall be that of a school district.
					 Where the school district cannot provide an appropriate program effectively and
					 efficiently, it shall use the services of the intermediate unit. The services
					 of approved private schools, State schools and out-of-State institutions may be
					 used where school districts and intermediate units cannot provide effective and
					 efficient services for handicapped persons of school age because of the nature
					 or incidence of the handicapping condition.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.14 - Identification of handicapped persons

Current through Register Vol. 54, No. 28, July 13, 2024
The approved private schools shall assist in the
					 identification of persons thought to be handicapped by:
(1) Notifying, with permission of the
				  parents, the school district of residence and the intermediate unit case
				  manager when the persons are brought to the attention of the approved private
				  school.
(2) Informing the parents
				  of their right to a free educational evaluation of the school aged person by
				  the school district or intermediate unit.
(3) Informing the parents of public or
				  private agencies whose evaluation services are available to them.
(4) Informing the parents of the cost of
				  evaluation of the person if it is done by an approved private school, and that
				  the school district may require additional data to determine the appropriate
				  assignment if assignment by the school district is requested.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.15 - Evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  rule.
No person may be recommended for educational assignment or
				  reassignment to an approved private school by a school district until the
				  person has been evaluated in accordance with this chapter.
(b)
School district or intermediate
				  unit evaluations.
A parent may request a complete educational
				  evaluation by the school district or intermediate unit, and the school district
				  or intermediate unit shall provide it in accordance with Chapter 14 (relating
				  to special education services and programs).
(c)
Outside evaluation.
Parents may elect to purchase an outside evaluation. The evaluation may be done
				  by an approved private school and may be supplemented by the school district or
				  intermediate unit to the extent the district or intermediate unit deems
				  necessary to recommend assignment to an appropriate educational
				  program.
(d)
Procedure.
An evaluation shall include a review of existing
				  cumulative data and documentation. An evaluation shall include, and a
				  reevaluation may include, comprehensive psychoeducational testing.
(1) The evaluation shall be performed by a
				  certified school psychologist and any other expert needed to determine the
				  nature and degree of the exceptional condition of the person.
(2) The nature of the behavioral
				  characteristics of the individual shall determine uniqueness in procedures
				  which may be necessary in the evaluation of a person thought to be
				  exceptional.
(3) Prior to the
				  administration of an individual testing, the parent shall be informed of, and
				  given an opportunity to discuss with the appropriate school official:
(i) The tests to be administered.
(ii) The reasons for the testing.
(iii) The right to review and discuss the
				  test results and receive a copy of the test results.
(4) Testing and evaluation materials and
				  procedures used in classifying exceptional persons shall be selected,
				  administered and interpreted so as not to be racially or culturally
				  discriminatory.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.16 - Assignment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  rule.
There may be no assignment of a handicapped person of school age
				  to an approved private school by a school district until the provisions of this
				  chapter have been followed.
(b)
District.
The school district shall recommend an assignment
				  based on its review of the data and evaluations and program
				  possibilities.
(c)
Priority.
When recommending assignment in an approved private
				  school, the district superintendent and intermediate unit director of special
				  education shall certify to the Secretary that the following priority order of
				  educational placement has been followed or shall explain why deviation is
				  needed to meet the appropriate needs of the person:
(1) A regular class in a regular school with
				  supporting services.
(2) A school
				  district special education program in a regular school, including homebound
				  instruction.
(3) A school district
				  special education program in a special facility.
(4) An intermediate unit program in a regular
				  school.
(5) An intermediate unit
				  program in a special facility.
(6)
				  An approved private school program.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.17 - Reevaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  rule.
Persons assigned to approved private schools shall be
				  reevaluated every 2 years or annually at the request of the parents.
(b)
Continuance.
When the
				  reevaluation results in a recommendation for continuance in the same program,
				  notice of the recommendation and the right to request a hearing on the
				  continuance shall be given to the person, the parents and the Department in
				  accordance with §
										171.16 (relating to
				  assignment).
(c)
Reassignment to an approved private school program.
When the
				  reevaluation results in a recommendation for a reassignment to another type of
				  approved program in the approved private school or another approved private
				  school, notice of the recommendation and the right to request a hearing shall
				  be given to the person, the parents and the Department in accordance with §
										171.16. For the purpose of this
				  section, the recommendation of additional services because a person is, or is
				  thought to be, multihandicapped or the recommendation of a program of
				  vocational education shall be a reassignment.
(d)
Reassignment to a public school
				  program.
When the reevaluation results in a recommendation for
				  reassignment to a public school program, the person and the parents shall be
				  given notice of the proposed reassignment and the right to a hearing in
				  accordance with § 171.16.
(e)
No change.
There shall be no change in the assignment of a
				  student pending a hearing.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.18 - Withdrawal

Current through Register Vol. 54, No. 28, July 13, 2024
An approved private school may not expel, suspend or
					 disenroll a student assigned to the school by a school district until notice
					 and the opportunity for a hearing have been given in accordance with Chapter 14
					 (relating to special education services and programs).
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.20 - Operating programs and services

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
Approved
				  private schools shall operate in accordance with this chapter. Failure to do so
				  may result in disapproval of the program. Disapproval will be considered an
				  adjudication under
				  2
				  Pa.C.S. §§
											501-508 and
				  701-704 (relating to
				  practice and procedure of Commonwealth agencies and judicial review of
				  Commonwealth agency action), and notices, hearings and appeals will be
				  conducted in accordance with the statute.
(b)
Reevaluation.
Approved
				  private schools shall be subject to periodic evaluation by the Department.
				  Approved private schools will be reevaluated at least once every 3
				  years.
(c)
Submissions.
Each approved private school shall submit annually to the Department:
(1) A line item budget for the operation of
				  the approved private school.
(2) An
				  itemized list of special services, if any, provided for each student for which
				  tuition or tuition and maintenance payments are requested, and the cost of each
				  service.
(3) A school calendar
				  listing the days and hours that the school is open for instruction.
(4) A list of optional services available and
				  their cost to parents.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.21 - Curriculum

Current through Register Vol. 54, No. 28, July 13, 2024
The program of education or training or both for
					 exceptional persons enrolled in approved private schools shall conform to the
					 appropriate special education program standards and meet the individual needs
					 of the person, as agreed to by the parents, school district and approved
					 private school, as ordered by a hearing officer, or upon appeal as ordered by
					 the Secretary.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.22 - Personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Teachers.
Teachers in approved private schools shall have
				  public school certification appropriate to their assignment.
(b)
Supervisor.
Each
				  approved private school shall have at least one supervisor with public school
				  certification appropriate to his assignment.
(c)
Teacher-student ratio.
The teacher-student ratio shall be in accordance with the appropriate special
				  education program standards.