Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › PROCEDURAL SAFEGUARDS › Section 16.63 - Impartial due process hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Parents may request in writing an impartial due process hearing concerning the
					 identification, evaluation or educational placement of, or the provision of a
					 gifted education to, a student who is gifted or who is thought to be gifted if
					 the parents disagree with the school district's identification, evaluation or
					 placement of, or the provision of a gifted education to the student. Unless the
					 school district and the parent of the child agree otherwise, the child involved
					 in the hearing shall remain in the child's current educational placement
					 pending the outcome of the hearing.
(b) A school district may request a hearing
					 to proceed with an initial evaluation or a reevaluation when a parent fails to
					 respond to the district's proposed evaluation or reevaluation. When a parent
					 rejects the district's proposed educational placement, other than the initial
					 placement, the school district may request an impartial due process hearing. If
					 the parent fails to respond or refuses to consent to the initial provision of
					 gifted services, neither due process nor mediation may be used to obtain
					 agreement or a ruling that the services may be provided.
(c) The hearing shall be conducted by and
					 held in the local school district at a place reasonably convenient to the
					 parents. At the request of the parents, the hearing may be held in the evening.
					 These options must be set forth in the form provided for requesting a
					 hearing.
(d) The hearing must be an
					 oral, personal hearing and be open to the public unless the parents request a
					 closed hearing 5 days in advance of the hearing. If the hearing is open, the
					 decision issued in the case, and only the decision, shall be available to the
					 public. If the hearing is closed, the decision shall be treated as a record of
					 the student and may not be available to the public.
(e) The decision of the hearing officer must
					 include findings of fact, a discussion and conclusions of law. Although
					 technical rules of evidence will not be followed, the decision must be based
					 solely upon the substantial evidence presented during the course of the
					 hearing.
(f) The hearing officer
					 shall have the authority to order that additional evidence be
					 presented.
(g) A written transcript
					 of the hearing shall, upon request, be made and provided to parents at no
					 cost.
(h) Parents may be
					 represented by legal counsel and accompanied and advised by individuals with
					 special knowledge or training with respect to students who are
					 gifted.
(i) A parent or a parent's
					 representative shall be given access to educational records, including any
					 tests or reports upon which the proposed action is based.
(j) A party may prohibit the introduction of
					 evidence at the hearing that has not been disclosed to that party at least
					 5-calendar days before the hearing.
(k) A party has the right to present evidence
					 and testimony, including expert medical, psychological or educational
					 testimony.
(l) The decision of the
					 impartial hearing officer may be appealed to a court of competent jurisdiction.
					 In notifying the parties of the decision, the hearing officer shall indicate
					 the courts to which an appeal may be taken.
(m) The following applies to coordination
					 services for hearings and to hearing officers:
(1) The Secretary may contract for
					 coordination services for hearings related to a child who is gifted or thought
					 to be gifted. The coordination services may include arrangements for
					 stenographic services, arrangements for hearing officer services (including the
					 compensation of hearing officers), scheduling of hearings and other functions
					 in support of procedural consistency and the rights of the parties to
					 hearings.
(2) A hearing officer may
					 not be an employee or agent of a school district in which the parents or
					 student resides, or of an agency which is responsible for the education or care
					 of the student. A hearing officer shall promptly inform the parties of a
					 personal or professional relationship the officer has or has had with any of
					 the parties. The compensation of hearing officers does not cause them to become
					 employees of the Department.