reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 12 - STUDENTS AND STUDENT SERVICES › STUDENT RIGHTS AND RESPONSIBILITIES › Section 12.12 - Confidential communications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Use of a student's confidential communications to school personnel in legal
					 proceedings is governed by statutes and regulations appropriate to the
					 proceeding. See, for example,
					 42 Pa.C.S. §
												5945
					 (relating to confidential communications to school personnel).
(b) Information received in confidence from a
					 student may be revealed to the student's parents or guardians, the principal or
					 other appropriate authority when the health, welfare or safety of the student
					 or other persons is clearly in jeopardy.
The provisions of this §
													12.12 amended under section 2603-B
						  of the Public School Code of 1949 (24 P. S. §
														26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 12 - STUDENTS AND STUDENT SERVICES › STUDENT RIGHTS AND RESPONSIBILITIES › Section 12.14 - Searches

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The governing
					 board of every school entity shall adopt reasonable policies and procedures
					 regarding student searches. The local education agency shall notify students
					 and their parents or guardians of the policies and procedures regarding student
					 searches.
(b) Illegal or prohibited
					 materials seized during a student search may be used as evidence against the
					 student in a school disciplinary proceeding.
(c) Prior to a locker search, students shall
					 be notified and given an opportunity to be present. When school authorities
					 have a reasonable suspicion that the locker contains materials that pose a
					 threat to the health, welfare or safety of students in the school, student
					 lockers may be searched without prior warning.
The provisions of this §
													12.14 amended under section 2603-B
						  of The Public School Code of 1949 (24 P. S. §
														26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 12 - STUDENTS AND STUDENT SERVICES › STUDENT RIGHTS AND RESPONSIBILITIES › Section 12.16 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Corporal punishment
-A form of physical
						discipline that is intended to cause pain and fear and in which a student is
						spanked, paddled or hit on any part of the body with a hand or
						instrument.
Governing board
-The board of school
						directors of a school district, joint school committee of a joint school or
						joint vocational school, intermediate unit board of directors, or the board of
						trustees of a charter school or cyber-charter school.
Prekindergarten
-A program operated by a
						school district or by a community agency under contract from a school district
						that is open to children who are at least 3 years of age and completed prior to
						the school district's entry age for kindergarten, unless individual exceptions
						to the age requirements are made by the school district.
School entity
-A local public education
						provider (for example-public school, charter school, cyber-charter school, area
						vocational-technical school or intermediate unit).
Student assistance program
-A systematic
						process designed to assist school personnel to identify issues, including
						alcohol, drugs and others, which pose a barrier to a student's learning and
						school success. Student assistance is a systematic process using effective and
						accountable professional techniques to mobilize school resources to remove the
						barriers to learning, and, when the problem is beyond the scope of the school,
						to assist the parent and the student with information so they may access
						services within the community.
Student services
-Services designed by a
						school entity to support the instructional program and to help students attain
						their educational and career goals.
(i) Services may include school guidance
					 counseling, health services (under Article XIV of the Public School Code of
					 1949 (24 P. S. §§
												14-1401-14-1423)
					 and 28 Pa. Code Chapter 23 (relating to school health)), psychological
					 services, social work and home and school visitor services.
(ii) School entities may supplement, but may
					 not supplant, these services through school-based, school-linked, or
					 coordinated services provided by locally available social and human services
					 agencies.
The provisions of this §
													12.16 issued under section 2603-B
						  of The Public School Code of 1949 (24 P. S. §
														26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 12 - STUDENTS AND STUDENT SERVICES › STUDENT RECORDS › Section 12.31 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The governing board of every school entity shall adopt a plan for the
					 collection, maintenance and dissemination of student records
(b) Copies of the adopted plan shall be
					 maintained by the school entity and updated as required by changes in State or
					 Federal law.
(c) Copies of the plan
					 shall be submitted to the Department only upon request of the
					 Secretary.
The provisions of this §
													12.31 amended under section 2603-B
						  of the Public School Code of 1949 (24 P. S. §
														26-2603-B).
This section cited in 22 Pa. Code §
													339.32 (relating to
						  services).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 12 - STUDENTS AND STUDENT SERVICES › STUDENT RECORDS › Section 12.32 - Elements of the plan

Current through Register Vol. 54, No. 28, July 13, 2024
The plan for student records must conform with applicable
						State and Federal laws, regulations and directives identified in guidelines
						issued by the Department.
The provisions of this §
													12.32 amended under section 2603-B
						  of The Public School Code of 1949 (24 P.S. §
														26-2603-B).
This section cited in 22 Pa. Code §
													339.32 (relating to
						  services).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 12 - STUDENTS AND STUDENT SERVICES › STUDENT RECORDS › Section 12.33 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 22 Pa. Code §
													51.72 (relating to
						  student).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 12 - STUDENTS AND STUDENT SERVICES › SERVICES TO STUDENTS › Section 12.41 - Student services

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Each school entity shall prepare a written plan for the implementation of a
					 comprehensive and integrated K-12 program of the student services based on the
					 needs of its students. The plan shall be prepared and revised in accordance
					 with the time frames and procedures described in §
											4.13(c) (relating
					 to strategic plans). Services offered by community agencies in public schools
					 shall be coordinated by and under the general direction of the school entity.
					 The plan must include policies and procedures for emergency care and
					 administration of medication and treatment under The Controlled Substance,
					 Drug, Device and Cosmetic Act (35 P.S. §§
												780-101-780-144) and guidelines issued by the
					 Department of Health. The Department of Health guidelines are available from
					 the Division of School Health, Department of Health, P.O. Box 90, Harrisburg,
					 Pennsylvania 17108. A school district that operates a prekindergarten program
					 shall address its prekindergarten program in the plan developed under §
											4.13(c). A school
					 entity shall make its student services plan available for public inspection and
					 comment for a minimum of 28 days prior to approval of the plan by the school
					 entity's governing board.
(b)
					 Though the variety of student services offered will differ from school to
					 school depending upon its size and the needs of its students, the following
					 categories of services shall be provided by each school entity in planning its
					 student services:
(1) Developmental services
					 for students that address their developmental needs throughout their enrollment
					 in school. Developmental services include guidance counseling, psychological
					 services, health services, home and school visitor services and social work
					 services that support students in addressing their academic, behavioral,
					 health, personal and social development issues. When prekindergarten is
					 offered, these services must include nutritional services or referrals.
					 Nutritional services include:
(i) Federal and
					 State funded school meal programs.
(ii) Special Supplemental Feeding Program for
					 Women, Infants and Children (WIC).
(iii) Food Stamp Program.
(iv) Pennsylvania Fresh Foods
					 Program.
(v) Local food and
					 nutrition services for children and families.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 12 - STUDENTS AND STUDENT SERVICES › SERVICES TO STUDENTS › Section 12.42 - Student assistance program

Current through Register Vol. 54, No. 28, July 13, 2024
School entities shall plan and provide for a student
						assistance program under section 1547(g) of the Public School Code of 1949
						(24
						P.S. §
												15-1547(g) regarding
						alcohol, chemical and tobacco abuse program).
The provisions of this §
													12.42 issued under section 2603-B
						  of The Public School Code of 1949 (24 P.S. §
														26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › GENERAL PROVISIONS › Section 14.102 - Purposes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is the
					 intent of the Board that children with disabilities be provided with quality
					 special education services and programs. The purposes of this chapter are to
					 serve the following:
(1) To adopt Federal
					 regulations by incorporation by reference to satisfy the statutory requirements
					 under the Individuals with Disabilities Education Act (20 U.S.C.A. §§
													1400-1482) and to ensure that:
(i) Children with disabilities have available
					 to them a free appropriate public education which is designed to enable the
					 student to participate fully and independently in the community, including
					 preparation for employment or higher education.
(ii) Children with disabilities have access
					 to the general curriculum, and participate in State and local assessments as
					 established and described in Chapter 4 (relating to academic standards and
					 assessment).
(iii) Children with
					 disabilities are educated, to the maximum extent appropriate, with their
					 nondisabled peers and are provided with supplementary aids and
					 services.
(iv) School entities
					 provide access to a full continuum of placement options.
(v) The rights of children with disabilities
					 and parents of these children are protected.
(vi) The use of early intervening services
					 promotes students' success in a general education
					 environment.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › GENERAL PROVISIONS › Section 14.103 - Terminology related to Federal regulations

Current through Register Vol. 54, No. 28, July 13, 2024
For purposes of interfacing with 34 CFR Part 300
						(relating to assistance to states for the education of children with
						disabilities), the following term applies, unless the context clearly indicates
						otherwise:
Local educational agency
-Where the
						Federal provision uses the term "local educational agency," for purposes of
						this chapter, the term means an intermediate unit, school district, State
						operated 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
						Chapter 711 (relating to charter school services and programs for children with
						disabilities). In the application of
						34 CFR
						300.130-300.144, regarding
						children with disabilities enrolled by their parents in private schools, the
						intermediate unit shall be considered to be the local education
						agency.
The provisions of this §
													14.103 amended under sections 1372
						  and 2603-B of the Public School Code of 1949 (24 P.S. §§
														13-1372 and
						  26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › GENERAL PROVISIONS › Section 14.104 - Special education plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Each school district shall develop and implement a special education plan. The
					 special education plan shall be submitted to the Department for approval every
					 3 years in accordance with §
											4.13(d) (relating
					 to strategic plans). The Secretary will prescribe the format, content and time
					 for submission of the special education plan. A school district shall make its
					 special education plan available for public inspection and comment for a
					 minimum of 28 days prior to approval of the plan by the school district's board
					 of directors and submission of the plan to the Department.
(b) Each school district's special education
					 plan must specify the special education programs that operate in the district
					 and those that are operated in the district by intermediate units, area
					 vocational technical schools and other agencies, and it must describe the
					 following:
(1) Early intervening services
					 under 34 CFR
					 300.226 (relating to early intervening
					 services) and this chapter, if the services are provided by the school
					 district.
(2) The school district
					 procedures for complying with the State criteria for identifying children with
					 specific learning disabilities.
(3)
					 Examples of supplementary aids and services provided by the school
					 district.
(4) Access to a full
					 continuum of educational placements.
(5) Policies and procedures designed to
					 prevent the inappropriate over-identification or disproportionate
					 representation by race and ethnicity of chil-dren with disabilities, for those
					 school districts identified with significant disproportionality in accordance
					 with 34 CFR
					 300.646(a) (relating to
					 disproportionality).
(6) School
					 district procedures on behavior support services, including a description of
					 the training provided to staff in the use of positive behavior supports,
					 de-escalation techniques and appropriate responses to student behavior that may
					 require immediate intervention.
(7)
					 Parent training activities provided by the school district.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › GENERAL PROVISIONS › Section 14.105 - Personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Paraprofessionals.
(1) An
					 instructional paraprofessional is a school employee who works under the
					 direction of a certificated staff member to support and assist in providing
					 instructional programs and services to children with disabilities or eligible
					 young children. The support and assistance includes one-on-one or group review
					 of material taught by certificated staff, classroom management and
					 implementation of positive behavior support plans. Services may be provided in
					 a special education class, regular education class or other instructional
					 setting as provided in the student's IEP. Instructional paraprofessionals shall
					 meet one of the following qualifications effective July 1, 2010:
(i) Have completed at least 2 years of
					 postsecondary study.
(ii) Possess
					 an associate degree or higher.
(iii) Meet a rigorous standard of quality as
					 demonstrated through a State or local assessment.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › GENERAL PROVISIONS › Section 14.107 - Complaint procedure

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will establish a complaint procedure
						consistent with 34 CFR
						300.151-300.153 (relating to
						adoption of State complaint procedures; minimum State complaint procedures; and
						filing a complaint) and disseminate notice of that procedure.
The provisions of this §
													14.107 issued under sections 1372
						  and 2603-B of the Public School Code of 1929 (24 P. S. §§
														13-1372 and
						  26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › GENERAL PROVISIONS › Section 14.108 - Access to classrooms

Current through Register Vol. 54, No. 28, July 13, 2024
Parents shall have reasonable access to their child's
						classrooms, within the parameters of local educational agency
						policy.
The provisions of this §
													14.108 issued under sections 1372
						  and 2603-B of the Public School Code of 1929 (24 P. S. §§
														13-1372 and
						  26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › CHILD FIND, SCREENING AND EVALUATION › Section 14.121 - Child find

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 addition to the requirements incorporated by reference in
					 34 CFR
					 300.111 (relating to child find), each school
					 district shall adopt and use a public outreach awareness system to locate and
					 identify children thought to be eligible for special education within the
					 school district's jurisdiction.
(b)
					 Each school district shall conduct awareness activities to inform the public of
					 its early intervention and special education services and programs and the
					 manner in which to request services and programs. Written information shall be
					 published in the school district handbook and school district web site. The
					 public awareness effort must include information regarding potential signs of
					 developmental delays and other risk factors that could indicate
					 disabilities.
(c) Each school
					 district shall provide annual public notification, published or announced in
					 newspapers, electronic media and other media, with circulation adequate to
					 notify parents throughout the school district of child identification
					 activities and of the procedures followed to ensure confidentiality of
					 information pertaining to students with disabilities or eligible young children
					 in accordance with this chapter.
(d) Intermediate units are responsible for
					 child find activities necessary to provide equitable services consistent with
					 34 CFR
					 300.130-300.144, regarding
					 children with disabilities enrolled by their parents in private
					 schools.
The provisions of this §
													14.121 amended under sections 1372
						  and 2603-B of the Public School Code of 1949 (24 P. S. §§
														13-1372 and
						  26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › CHILD FIND, SCREENING AND EVALUATION › Section 14.122 - Screening

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each school
					 district shall establish a system of screening, which may include early
					 intervening services, to accomplish the following:
(1) Identify and provide initial screening
					 for students prior to referral for a special education evaluation.
(2) Provide peer support for teachers and
					 other staff members to assist them in working effectively with students in the
					 general education curriculum. To provide this support, school districts may
					 implement instructional support teams according to Department guidelines or use
					 an alternative process.
(3)
					 Identify students who may need special education services and
					 programs.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › CHILD FIND, SCREENING AND EVALUATION › Section 14.123 - Evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The group of
					 qualified professionals, which reviews the evaluation materials to determine
					 whether the child is a child with a disability under
					 34 CFR
					 300.306 (relating to determination of
					 eligibility), shall include a certified school psychologist when evaluating a
					 child for autism, emotional disturbance, intellectual disability, multiple
					 disabilities, other health impairments, specific learning disability or
					 traumatic brain injury.
(b) In
					 addition to the requirements incorporated by reference in
					 34 CFR
					 300.301 (relating to initial evaluations),
					 the initial evaluation shall be completed and a copy of the evaluation report
					 presented to the parents no later than 60-calendar days after the agency
					 receives written parental consent for evaluation, except that the calendar days
					 from the day after the last day of the spring school term up to and including
					 the day before the first day of the subsequent fall school term will not be
					 counted.
(c) Parents may request an
					 evaluation at any time, and the request must be in writing. The school entity
					 shall make the permission to evaluate form readily available for that purpose.
					 If a request is made orally to any professional employee or administrator of
					 the school entity, that individual shall provide a copy of the permission to
					 evaluate form to the parents within 10-calendar days of the oral
					 request.
(d) Copies of the
					 evaluation report shall be disseminated to the parents at least 10 school days
					 prior to the meeting of the IEP team, unless this requirement is waived by a
					 parent in writing.
The provisions of this §
													14.123 amended under sections 1372
						  and 2603-B of the Public School Code of 1949 (24 P. S. §§
														13-1372 and
						  26-2603-B).
This section cited in 22 Pa. Code Appendix A (relating
						  to model memorandum of understanding); 22 Pa. Code §
													14.153 (relating to evaluation);
						  and 22 Pa. Code §
													14.161 (relating to purchasing
						  conferences).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › CHILD FIND, SCREENING AND EVALUATION › Section 14.124 - Reevaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The group of
					 qualified professionals, which reviews the evaluation materials to determine
					 whether the child is a child with a disability under
					 34 CFR
					 300.303 (relating to reevaluations), shall
					 include a certified school psychologist when evaluating a child for autism,
					 emotional disturbance, intellectual disability, multiple disabilities, other
					 health impairment, specific learning disability and traumatic brain
					 injury.
(b) In addition to the
					 requirements incorporated by reference in
					 34 CFR
					 300.303, the reevaluation time line will be
					 60-calendar days, except that the calendar days from the day after the last day
					 of the spring school term up to and including the day before the first day of
					 the subsequent fall school term will not be counted.
(c) Students with disabilities who are
					 identified as having an intellectual disability shall be reevaluated at least
					 once every 2 years.
(d) Copies of
					 the reevaluation report shall be disseminated to the parents at least 10 school
					 days prior to the meeting of the IEP team, unless this requirement is waived by
					 a parent in writing.
The provisions of this §
													14.124 amended under sections 1372
						  and 2603-B of the Public School Code of 1949 (24 P. S. §§
														13-1372 and
						  26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › CHILD FIND, SCREENING AND EVALUATION › Section 14.125 - Criteria for the determination of specific learning disabilities

Current through Register Vol. 54, No. 28, July 13, 2024
This section contains the State-level criteria for
						determining the existence of a specific learning disability. Each school
						district and intermediate unit shall develop procedures for the determination
						of specific learning disabilities that conform to criteria in this section.
						These procedures shall be included in the school district-s and intermediate
						unit-s special education plan in accordance with §
											14.104(b)
						(relating to special education plans). To determine that a child has a specific
						learning disability, the school district or intermediate unit shall:
(1) Address whether the child does not
					 achieve adequately for the child's age or meet State-approved grade-level
					 standards in one or more of the following areas, when provided with learning
					 experiences and scientifically based instruction appropriate for the child's
					 age or State-approved grade-level standards:
(i) Oral expression.
(ii) Listening comprehension.
(iii) Written expression.
(iv) Basic reading skill.
(v) Reading fluency skills.
(vi) Reading comprehension.
(vii) Mathematics calculation.
(viii) Mathematics problem
					 solving.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › IEP › Section 14.132 - ESY

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to
					 the requirements incorporated by reference in
					 34 CFR
					 300.106 (relating to extended school year
					 services), school entities shall use the following standards for determining
					 whether a student with disabilities requires ESY as part of the student-s
					 program:
(1) At each IEP meeting for a
					 student with disabilities, the school entity shall determine whether the
					 student is eligible for ESY services and, if so, make subsequent determinations
					 about the services to be provided.
(2) In considering whether a student is
					 eligible for ESY services, the IEP team shall consider the following factors;
					 however, no single factor will be considered determinative:
(i) Whether the student reverts to a lower
					 level of functioning as evidenced by a measurable decrease in skills or
					 behaviors which occurs as a result of an interruption in educational
					 programming (Regression).
(ii)
					 Whether the student has the capacity to recover the skills or behavior patterns
					 in which regression occurred to a level demonstrated prior to the interruption
					 of educational programming (Recoupment).
(iii) Whether the student's difficulties with
					 regression and recoupment make it unlikely that the student will maintain the
					 skills and behaviors relevant to IEP goals and objectives.
(iv) The extent to which the student has
					 mastered and consolidated an important skill or behavior at the point when
					 educational programming would be interrupted.
(v) The extent to which a skill or behavior
					 is particularly crucial for the student to meet the IEP goals of
					 self-sufficiency and independence from caretakers.
(vi) The extent to which successive
					 interruptions in educational programming result in a student's withdrawal from
					 the learning process.
(vii) Whether
					 the student-s disability is severe, such as autism/pervasive developmental
					 disorder, serious emotional disturbance, severe intellectual disability,
					 degenerative impairments with mental involvement and severe multiple
					 disabilities.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EDUCATIONAL PLACEMENT › Section 14.143 - Disciplinary placements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Notwithstanding the requirements incorporated by reference in
					 34 CFR
					 300.530(b) and
					 300.536 (relating to authority of
					 school personnel; and change of placement because of disciplinary removals), a
					 disciplinary exclusion of a student with a disability for more than 15
					 cumulative school days in a school year will be considered a pattern so as to
					 be deemed a change in educational placement.
(b) A removal from school is a change of
					 placement for a student who is identified with an intellectual disability,
					 except if the student-s actions are consistent with
					 34 CFR
					 300.530(g)(1)-(3) (relating
					 to authority of school personnel).
The provisions of this §
													14.143 amended under sections 1372
						  and 2603-B of the Public School Code of 1949 (24 P. S. §§
														13-1372 and
						  26-2603-B).
This section cited in 22 Pa. Code §
													12.6 (relating to exclusions from
						  school); and 22 Pa. Code §
													14.133 (relating to behavior
						  support).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EDUCATIONAL PLACEMENT › Section 14.144 - Facilities

Current through Register Vol. 54, No. 28, July 13, 2024
The comparability and availability of facilities for
						students with a disability shall be consistent with the approved intermediate
						unit or school district plan, which shall provide, by description of policies
						and procedures, the following:
(1)
					 Students with disabilities will be provided appropriate classroom
					 space.
(2) Moving of a class shall
					 occur only when the result will be:
(i) To
					 bring the location for delivery of special education services and programs
					 closer to the students' homes.
(ii)
					 To improve the delivery of special education services and programs without
					 reducing the degree to which the students with disabilities are educated with
					 students without disabilities.
(iii) To respond to an emergency which
					 threatens the students' health or safety.
(iv) To accommodate ongoing building
					 renovations, provided that the movement of students with disabilities due to
					 renovations will be proportional to the number of students without disabilities
					 being moved.
(v) That the location
					 of classes shall be maintained within a school building for at least 3 school
					 years.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EDUCATIONAL PLACEMENT › Section 14.145 - Least restrictive environment requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Students with disabilities shall be educated in the least
						restrictive environment. Each school entity shall ensure that:
(1) To the maximum extent appropriate, and as
					 provided in the IEP, the student with a disability is educated with nondisabled
					 peers.
(2) Special classes,
					 separate schooling or other removal of a student with a disability from the
					 regular education class occurs only when the nature or severity of the
					 disability is such that education in the regular education class with the use
					 of appropriate supplementary aids and services cannot be achieved
					 satisfactorily.
(3) A student may
					 not be determined to require separate education because the child cannot
					 achieve at the same level as classmates who do not have disabilities if the
					 child can, with the full range of supplementary aids and services, make
					 meaningful progress in the goals included in the student's IEP.
(4) A student may not be removed from or
					 determined to be ineligible for placement in a regular education classroom
					 solely because of the nature or severity of the student's disability, or solely
					 because educating the student in the regular education classroom would
					 necessitate additional cost or for administrative convenience.
(5) School entities shall be required to
					 provide access to a full continuum of placement options.
The provisions of this §
													14.145 adopted under sections 1372
						  and 2603-B of the Public School Code of 1949 (24 P. S. §§
														13-1372 and
						  26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EDUCATIONAL PLACEMENT › Section 14.146 - Age range restrictions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The maximum age range in specialized settings shall be 3 years in elementary
					 school (grades K-6) and 4 years in secondary school (grades 7-12).
(b) A student with a disability may not be
					 placed in a class in which the chronological age from the youngest to the
					 oldest student exceeds these limits unless an exception is determined to be
					 appropriate by the IEP team of that student and is justified in the
					 IEP.
The provisions of this §
													14.146 adopted under sections 1372
						  and 2603-B of the Public School Code of 1949 (24 P. S. §§
														13-1372 and
						  26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EARLY INTERVENTION › Section 14.151 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section
					 and §§
											14.152-14.158 (relating to early
					 intervention) apply to services and programs for eligible young
					 children.
(b) Notwithstanding the
					 requirements incorporated by reference, with regard to early intervention
					 services:
(1) The Department will provide for
					 the delivery of early intervention services.
(2) The Department may provide for the
					 delivery of some or all of these services through mutually agreed-upon written
					 arrangements. Each mutually agreed-upon written arrangement may include
					 memoranda of understanding under an approved plan submitted to the Department
					 by a school entity or other agencies.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EARLY INTERVENTION › Section 14.152 - Child find, public awareness and screening

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each early intervention agency shall
					 adopt and use a system to locate and identify eligible young children and young
					 children thought to be eligible who reside within the boundary served by the
					 early intervention agency.
(b) Each
					 early intervention agency shall conduct awareness activities to inform the
					 public of early intervention services and programs and the manner by which to
					 request these services and programs.
(c) Each early intervention agency shall
					 provide annual public notification, published or announced in newspapers or
					 other media, or both, with circulation adequate to notify parents throughout
					 the area served by the agency of child identification activities and of the
					 procedures followed to ensure confidentiality of information pertaining to
					 eligible young children in accordance with this chapter.
The provisions of this §
													14.152 issued under sections 1372
						  and 2603-B of the Public School Code of 1929 (24 P. S. §§
														13-1372 and
						  26-2603-B).
This section cited in 22 Pa. Code §
													14.151 (relating to
						  purpose).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EARLY INTERVENTION › Section 14.153 - Evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
Notwithstanding the requirements in
						34 CFR
						300.122 (relating to evaluation):
(1) Evaluations shall be conducted by early
					 intervention agencies for children who are thought to be eligible for early
					 intervention and who are referred for evaluation.
(2) Evaluations shall be sufficient in scope
					 and depth to investigate information relevant to the young child's suspected
					 disability, including physical development, cognitive and sensory development,
					 learning problems, learning strengths and educational need, communication
					 development, social and emotional development, self-help skills and health
					 considerations, as well as an assessment of the family's perceived strengths
					 and needs which will enhance the child's development.
(3) The assessment must include information
					 to assist the group of qualified professionals and parents to determine whether
					 the child has a disability and needs special education and related
					 services.
(4) The following time
					 line applies to the completion of evaluations and reevaluations under this
					 section:
(i) Initial evaluation or
					 reevaluation shall be completed and a copy of the evaluation report presented
					 to the parents no later than 60 calendar days after the early intervention
					 agency receives written parental consent.
(ii) Notwithstanding the requirements
					 incorporated by reference in 34 CFR 300.303 (relating to
					 reevaluations), a reevaluation report shall be provided within 60 calendar days
					 from the date that the parental consent for reevaluation was
					 received.
(iii) Reevaluations shall
					 occur at least every 2 years.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EARLY INTERVENTION › Section 14.154 - IEP

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An IEP is a
					 written plan for the provision of appropriate early intervention services to an
					 eligible young child, including services to enable the family to enhance the
					 young child's development. The IEP shall be based on and be responsive to the
					 results of the evaluation.
(b)
					 Notwithstanding the requirements incorporated by reference, the IEP team shall
					 include:
(1) At least one special education
					 teacher or special education provider.
(2) An agency representative familiar with
					 appropriate activities for preschool children and knowledgeable about the
					 availability of the resources of the early intervention agency. With regard to
					 the adoption of 34 CFR
					 300.344(a)(4) (relating to
					 IEP team), the agency representative shall be qualified to provide or supervise
					 the provision of specially designed instruction to meet the needs of children
					 with disabilities. This could include a preschool supervisor or service
					 coordinator or designee of the early intervention agency.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EARLY INTERVENTION › Section 14.155 - Range of services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department will ensure that options are available to meet the needs of children
					 eligible for early intervention. The options may be made available directly by
					 early intervention agencies or through contractual arrangements for services
					 and programs with other agencies in the community, including preschools,
					 provided that the other agencies are subject to the supervision or licensure of
					 the Department of Public Welfare or licensed by the State Board of Private
					 Academic Schools.
(b) The IEP team
					 shall recommend early intervention services to be provided in the least
					 restrictive environment with appropriate and necessary supplementary aids and
					 services. The placement options may include one or more of the following:
(1)
Early childhood
					 environment
. Services provided in a typical preschool program with
					 noneligible young children.
(2)
Early childhood special education environment
. Services
					 provided in a special education preschool program funded by the early
					 intervention agency.
(3)
Home environment
. Services provided in the home.
(4)
Services outside of the home
					 environment
. Services provided outside of the home
					 environment.
(5)
Specialized environment
. Services provided in a specialized
					 setting, including the following:
(i) An
					 approved private school.
(ii) A
					 residential school, residential facility, State school or hospital or special
					 secure setting.
(iii) An approved
					 out-of-State program.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EARLY INTERVENTION › Section 14.156 - System of quality assurance

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will assure in accordance with section
						302(b) of the act (11 P. S. §
												875-302(b)) through its
						monitoring and technical assistance activities, a system of quality assurance,
						including evaluation of the developmental appropriateness, quality and
						effectiveness of programs; assurance of compliance with program standards;
						documented progress indicators; and provision of assistance to assure
						compliance. These requirements will apply to those programs operated by the
						early intervention agency directly or through providers contracted by the early
						intervention agency.
This section cited in 22 Pa. Code §
													14.151 (relating to
						  purpose).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EARLY INTERVENTION › Section 14.157 - Exit criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Under section 301(14) of the act (11 P. S. §
												875-301(14)), children shall
					 be exited subject to §§
											14.161 and
					 141.162 (relating to procedural
					 safeguards) from early intervention based on one or more of the following
					 criteria:
(1) The child has reached the age
					 of beginners and is therefore no longer eligible for early intervention
					 services authorized under the act.
(2) The child has functioned within the range
					 of normal development for 4 months, with an IEP, and as verified by the IEP
					 team.
(3) The parent or guardian
					 withdrew the child from early intervention for other
					 reasons.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › EARLY INTERVENTION › Section 14.158 - Data collection

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will require early intervention agencies
						to maintain accurate information concerning eligible young children and the
						types of services received, and to report that information in aggregate at
						predetermined dates throughout the fiscal year. The Secretary will prescribe
						the format, content, data items and time for submission of the required
						information.
This section cited in 22 Pa. Code §
													14.151 (relating to
						  purpose).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 14 - SPECIAL EDUCATION SERVICES AND PROGRAMS › PROCEDURAL SAFEGUARDS › Section 14.163 - Resolution session

Current through Register Vol. 54, No. 28, July 13, 2024
The resolution session required under
						34 CFR
						300.510 (relating to resolution process) will
						be available to parents of both school age and eligible young children with
						disabilities. Parent advocates may attend the sessions.
The provisions of this §
													14.163 adopted under sections 1372
						  and 2603-B of the Public School Code of 1949 (24 P. S. §§
														13-1372 and
						  26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 15 - PROTECTED HANDICAPPED STUDENTS › Section 15.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				  addresses a school district's responsibility to comply with the requirements of
				  Section 504 and its implementing regulations at 34 CFR Part 104 (relating to
				  nondiscrimination on the basis of handicap in programs and activities receiving
				  or benefiting from federal financial assistance) and implements the statutory
				  and regulatory requirements of Section 504.
(b) Section 504 and its accompanying
				  regulations protect otherwise qualified handicapped students who have physical,
				  mental or health impairments from discrimination because of those impairments.
				  The law and its regulations require public educational agencies to ensure that
				  these students have equal opportunity to participate in the school program and
				  extracurricular activities to the maximum extent appropriate to the ability of
				  the protected handicapped student in question. School districts are required to
				  provide these students with the aids, services and accommodations that are
				  designed to meet the educational needs of protected handicapped students as
				  adequately as the needs of nonhandicapped students are met. These aids,
				  services and accommodations may include, but are not limited to, special
				  transportation, modified equipment, adjustments in the student's roster or the
				  administration of needed medication. For purposes of the chapter, students
				  protected by Section 504 are defined and identified as protected handicapped
				  students.