Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › GENERAL PROVISIONS AND SUPERVISION › Section 711.3 - Incorporation of Federal regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Charter schools and cyber charter schools
				  assume the duty to ensure that a FAPE is available to a child with a disability
				  in compliance with IDEA and its implementing regulations in 34 CFR Part 300
				  (relating to assistance to states for the education of children with
				  disabilities) and section 504 and its implementing regulations in 34 CFR Part
				  104 (relating to nondiscrimination on the basis of handicap in programs and
				  activities receiving federal financial assistance).
(b) The requirements of 34 CFR Part 300 as
				  published at 71 FR 46540-46845 (August 14, 2006), amended at 73 FR 73006-73029
				  (December 1, 2008) are incorporated by reference, as follows:
(1)
											34 CFR
				  300.4-300.8(a) and (c)
				  (relating to act; assistive technology device; assistive technology service;
				  charter school; and child with a disability).
(2)
											34 CFR
				  300.9-300.15 (relating to consent; core
				  academic subjects; day; business day; school day; educational service agency;
				  elementary school; equipment; and evaluation).
(3)
											34 CFR
				  300.17-300.19 (relating to
				  free appropriate public education; highly qualified special education teachers;
				  and homeless children).
(4)
											34 CFR
				  300.22 and
				  300.23 (relating to individualized
				  education program; and individualized education program team).
(5)
											34 CFR
				  300.27-300.30 (relating to
				  limited English proficient; local educational agency; native language; and
				  parent).
(6)
											34 CFR
				  300.32-300.37 (relating to
				  personally identifiable; public agency; related services; scientifically based
				  research; and secondary school).
(7)
											34 CFR
				  300.39 (relating to special
				  education).
(8)
											34 CFR
				  300.41-300.45 (relating to
				  State educational agency; supplementary aids and services; transition services;
				  universal design; and ward of the state).
(9)
											34 CFR
				  300.101 and
				  34 CFR
				  300.102 (relating to free appropriate public
				  education (FAPE); and limitation-exception to FAPE for certain ages).
(10)
											34 CFR
				  300.104-300.108 (relating to
				  residential placement; assistive technology; extended school year services;
				  nonacademic services; and physical education).
(11)
											34 CFR
				  300.113 and
				  300.114(a)(2)
				  (relating to routine checking of hearing aids and external components of
				  surgically implanted medical devices; and LRE requirements).
(12)
											34 CFR
				  300.115-300.117 (relating to
				  continuum of alternative placements; placements; and nonacademic
				  settings).
(13)
											34 CFR
				  300.122 (relating to evaluation).
(14)
											34 CFR
				  300.148 (relating to placement of children by
				  parents when FAPE is at issue).
(15)
											34 CFR
				  300.160 (relating to participation in
				  assessments).
(16)
											34 CFR
				  300.172 (relating to access to instructional
				  materials).
(17)
											34 CFR
				  300.174 (relating to prohibition on mandatory
				  medication).
(18)
											34 CFR
				  300.207 (relating to personnel
				  development).
(19)
											34 CFR
				  300.210-300.213 (relating to
				  purchase of instructional materials; information for SEA; public information;
				  and records regarding migratory children with disabilities).
(20)
											34 CFR
				  300.226 (relating to early intervening
				  services).
(21)
											34 CFR
				  300.300 and
				  300.301 (relating to parental
				  consent; and initial evaluations).
(22)
											34 CFR
				  300.302-300.307(a)(1)(2) and
				  (b) (relating to screening for instructional
				  purposes is not evaluation; reevaluations; evaluation procedures; additional
				  requirements for evaluations and reevaluations; determination of eligibility;
				  and specific learning disabilities).
(23)
											34 CFR
				  300.308-300.311 (relating to
				  additional group members; determining the existence of a specific learning
				  disability; observation; and specific documentation for the eligibility
				  determination).
(24)
											34 CFR
				  300.320-300.325 (relating to
				  definition of individualized education program; IEP Team; parent participation;
				  when IEPs must be in effect; development, review, and revision of IEP; and
				  private school placement by public agencies).
(25)
											34 CFR
				  300.327 and
				  300.328 (relating to educational
				  placements; and alternative means of meeting participation).
(26)
											34 CFR
				  300.501-300.508 (relating to
				  opportunity to examine records; parent participation in meetings; independent
				  education evaluation; prior notice by the public agency, content of notice;
				  procedural safeguards notice; electronic mail; mediation; filing a due process
				  complaint; and due process complaint).
(27)
											34 CFR
				  300.510-300.516 (relating to
				  resolution process; impartial due process hearing; hearing rights; hearing
				  decisions; finality of decision; appeal; partial review; timelines and
				  convenience of hearings and reviews; and civil action).
(28)
											34 CFR
				  300.518(a), (b) and (d) and
				  300.519 (relating to child's
				  status during proceedings; and surrogate parents).
(29)
											34 CFR
				  300.530-300.537 (relating to
				  authority of school personnel; determination of setting; appeal; placement
				  during appeals; protections for children not determined eligible for special
				  education and related services; referral to and action by law enforcement and
				  judicial authorities; change of placement because of disciplinary removals; and
				  state enforcement mechanisms).
(30)
											34 CFR
				  300.610-300.625 (relating to
				  confidentiality; definitions; notice to parents; access rights; record of
				  access; records on more than one child; list of types and locations of
				  information; fees; amendment of records at parent request; opportunity for a
				  hearing; result of hearing; hearing procedures; consent; safeguards;
				  destruction of information; and children's rights).