reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 22 - EDUCATION › Part XVII - State System of Higher Education › Chapter 507 - FINANCE AND ADMINISTRATION › OPERATION OF MOTOR VEHICLES ON UNIVERSITY CAMPUSES › Section 507.13 - Crimes and offenses relating to the operation and parking of a motor vehicle

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Operation
. Each of the following activities constitutes a
				  summary offense under
				  18 Pa.C.S. §
											7505
				  (relating to violation of governmental rules regarding traffic) when committed
				  on a System facility.
(1) Operation of a
				  motor vehicle on a highway at a speed in excess of the maximum posted
				  limit.
(2) Operation of a motor
				  vehicle on a highway posted as closed to motor vehicles.
(3) Operation of a motor vehicle without snow
				  tires or chains on a designated snow emergency route during a declared snow
				  emergency.
(4) Operation of a motor
				  vehicle causing noise which is unreasonably loud, raucous, jarring, disturbing
				  or a nuisance to persons within the area of audibility.
(5) Operation of a motor vehicle being used
				  for business or commerce without specific written approval from the facility's
				  chief executive officer.
(6)
				  Operation of a motor vehicle in areas not designated for operation of motor
				  vehicles.
Pennsylvania Code › Title 22 - EDUCATION › Part XVII - State System of Higher Education › Chapter 507 - FINANCE AND ADMINISTRATION › OPERATION OF MOTOR VEHICLES ON UNIVERSITY CAMPUSES › Section 507.14 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Towing.
A vehicle parked on a highway, parking area, or any
				  other area in violation of parking rules may be towed at the owner's expense,
				  upon authorization of the facility's chief executive officer or a
				  designee.
(b)
Booting.
An immobilizing device may be placed on any vehicle
				  with three or more delinquent tickets to compel payment of fines. A service
				  charge, not to exceed $50 may be assessed for the removal of
				  immobilizers.
(c)
Notice of
				  towing and booting.
Notice of towing and booting shall be contained
				  in the published parking rules of facilities engaging in either
				  practice.
(d)
Tow-away
				  areas.
Tow-away areas shall be posted with tow-away signs.
The provisions of this §
												507.14 issued under section 2005-A
						of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. §
													20-2005-A); and amended under sections
						2005-A(7), 2006-A(a), 2009-A(4) and 2010-A(5) of the act of November 11, 1982
						(P. L. 660, No. 188) (24 P. S. §§
													20-2005-A(7), 20-2006-A(a), 20-2009-A(4) and
						20-2010-A(5)).
Pennsylvania Code › Title 22 - EDUCATION › Part XVII - State System of Higher Education › Chapter 507 - FINANCE AND ADMINISTRATION › OPERATION OF MOTOR VEHICLES ON UNIVERSITY CAMPUSES › Section 507.15 - Application of the Vehicle Code

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of
					 75 Pa.C.S. §§
											101-9910
					 (relating to the Vehicle Code) are applicable to the facilities of the State
					 System of Higher Education.
The provisions of this §
												507.15 issued under section 2005-A
						of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. §
													20-2005-A); and amended under sections
						2005-A(7), 2006-A(a), 2009-A(4) and 2010-A(5) of the act of November 11, 1982
						(P. L. 660, No. 188) (24 P. S. §§
													20-2005-A(7), 20-2006-A(a), 20-2009-A(4) and
						20-2010-A(5)).
Pennsylvania Code › Title 22 - EDUCATION › Part XVII - State System of Higher Education › Chapter 507 - FINANCE AND ADMINISTRATION › OPERATION OF MOTOR VEHICLES ON UNIVERSITY CAMPUSES › Section 507.16 - Trespass

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who
				  violates this chapter, disregards instructions or warnings given by, or
				  interferes with a System police officer or university employe or official may
				  be ordered to leave the facility by the facility's chief executive officer or a
				  designee.
(b) Refusal to leave a
				  facility after receiving an order to leave from the chief executive officer or
				  a designee constitutes an act of criminal trespass under
				  18 Pa.C.S. §
											3503
				  (relating to criminal trespass).
The provisions of this §
												507.16 issued under section 2005-A
						of the act of November 11, 1982 (P. L. 660, No. 188) (24 P. S. §
													20-2005-A); and amended under sections
						2005-A(7), 2006-A(a), 2009-A(4) and 2010-A(5) of the act of November 11, 1982
						(P. L. 660, No. 188) (24 P. S. §§
													20-2005-A(7), 20-2006-A(a), 20-2009-A(4) and
						20-2010-A(5)).
Pennsylvania Code › Title 22 - EDUCATION › Part XVIII - Tuition Account Program › Chapter 601 - ADMINISTRATION OF PROGRAM › Section 601.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
				  the following meanings, unless the context clearly indicates otherwise:
Act
-The Tuition Account Program and College
				  Savings Bond Act (24 P. S. §§
										6901.101-6901.509).
Beneficiary
-A person who meets the
				  eligibility criteria in the act, and on whose behalf a purchaser enters into a
				  tuition account payment contract.
Department
-The Treasury Department of the
				  Commonwealth.
Fund
-The Tuition Payment Fund established by
				  the act.
Material misrepresentation
-A false statement
				  made with the intent to deceive by the purchaser or beneficiary, either in the
				  application or in written correspondence with the Department regarding the
				  tuition account payment contract, relating to a substantial fact, including the
				  age of the purchaser, the residency of the purchaser or beneficiary or the
				  reason for termination of the tuition account payment contract.
Net earnings rate of the Fund
-The percentage
				  return of the investment of Fund assets after adjusting for taxes and operating
				  expenses.
Participating institution
-An accredited,
				  degree-granting college or university required by the act to participate in the
				  Program as follows:
(i) Community
				colleges operating under Article XIX-A of the Public School Code of 1949
				(24
				P. S. §§
										19-901-A-19-1913-A).
(ii) Universities comprising the State System
				of Higher Education.
(iii) The
				following State-related institutions:
(A)
				Pennsylvania State University.
(B)
				University of Pittsburgh.
(C)
				Temple University.
(D) Lincoln
				University.
(E) An institution
				which is designated as "State-related" by the Commonwealth.
Pennsylvania Code › Title 22 - EDUCATION › Part XVIII - Tuition Account Program › Chapter 601 - ADMINISTRATION OF PROGRAM › Section 601.2 - Termination of tuition account payment contracts, refunds and settlement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to
				circumstances in section 313 of the act (24 P. S. §
										6901.313), a tuition account may be
				terminated for the other reasons specified in this section.
(1)
Termination at the will of the
				purchaser
. A tuition account payment contract may be terminated at the
				will of the purchaser. The Department will settle the tuition account and pay
				to the purchaser a refund in an amount as specified under subsection
				(c).
(2)
Termination for
				material misrepresentation
. The Department may terminate a tuition
				account payment contract if it determines that the purchaser or beneficiary has
				made a material misrepresentation regarding information required to be
				submitted to the Department in writing. On termination of the tuition account
				payment contract under this subsection, the Department will settle the tuition
				account and pay to the purchaser a refund in an amount as specified under
				subsection (c).
Pennsylvania Code › Title 22 - EDUCATION › Part XIX - Criminal History Record Information › Chapter 701 - NURSE AIDE TRAINING PROGRAM APPLICANT CRIMINAL HISTORY RECORD INFORMATION › GENERAL › Section 701.1 - 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:
Act
-The Nurse Aide Resident Abuse
					 Prevention Training Act (63 P. S. §§
											671-680).
Applicant
-An individual applying for
					 admission into a program.
CHRI-Criminal History Record Information
-A
					 report of criminal history from the State Police or a statement that its
					 central repository contains no information; or a report of criminal history
					 from the Federal Bureau of Investigation, or a statement that its files contain
					 no information.
Department
-The Department of Education of
					 the Commonwealth.
Enrollment
-Approval of an applicant for
					 admission in a program.
Facility
-An institution or agency that
					 sponsors a program.
Nurse aide
-An individual providing nursing
					 or nursing-related services to residents in a nursing facility or skilled
					 nursing facility. The term does not include an individual who is a licensed
					 health professional or an individual who volunteers to provide the services
					 without monetary compensation.
Program
-The State approved nurse aide
					 training program.
Pennsylvania Code › Title 22 - EDUCATION › Part XIX - Criminal History Record Information › Chapter 701 - NURSE AIDE TRAINING PROGRAM APPLICANT CRIMINAL HISTORY RECORD INFORMATION › RESPONSIBILITIES OF FACILITIES AND DESIGNATED REPRESENTATIVE › Section 701.11 - Submission of CHRI report

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall require an applicant to submit a CHRI
					 report, which was obtained in the preceding 1-year period, prior to enrolling
					 as a nurse aide student into the program, according to one of the
					 following:
(1) The facility shall
				  require all applicants who have resided in this Commonwealth for a minimum of 2
				  full years prior to their dates of application to obtain a CHRI report from the
				  State Police.
(2) The facility
				  shall require all applicants who have resided in this Commonwealth less than 2
				  full years prior to their dates of application to obtain a CHRI report from the
				  Federal Bureau of Investigation by contacting the Department for the required
				  form.
Pennsylvania Code › Title 22 - EDUCATION › Part XIX - Criminal History Record Information › Chapter 701 - NURSE AIDE TRAINING PROGRAM APPLICANT CRIMINAL HISTORY RECORD INFORMATION › RESPONSIBILITIES OF FACILITIES AND DESIGNATED REPRESENTATIVE › Section 701.12 - Receipt and review of CHRI report by facility

Current through Register Vol. 54, No. 28, July 13, 2024
In receiving and reviewing CHRI reports, the facility shall
					 do the following:
(1) The facility
				  administrator shall designate in writing the appropriate facility
				  representative, to review the CHRI report for enrollment eligibility and
				  maintain a copy of the designation in the facility's file.
(2) The facility's designated representative
				  shall receive the applicant's original CHRI report or a copy thereof.
(3) The facility's designated representative
				  shall review the CHRI report in the following manner:
(i) Sign and date a copy of the CHRI
				  report.
(ii) Review the CHRI report
				  for the offenses listed in §
											701.13 (relating to nonacceptance
				  of certain applicants).
(iii) Place
				  the signed and dated copy of the CHRI report in a specific file for all CHRI
				  reports.
Pennsylvania Code › Title 22 - EDUCATION › Part XIX - Criminal History Record Information › Chapter 701 - NURSE AIDE TRAINING PROGRAM APPLICANT CRIMINAL HISTORY RECORD INFORMATION › RESPONSIBILITIES OF FACILITIES AND DESIGNATED REPRESENTATIVE › Section 701.13 - Nonacceptance of certain applicants

Current through Register Vol. 54, No. 28, July 13, 2024
The facility and its designated representative may not
					 enroll a nurse aide applicant whose CHRI report indicates the applicant has
					 been convicted of any of the following offenses:
(1) An offense designated as a felony under
				  The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. §§
											780-101-780-144).
(2) An offense under one or more of the
				  following provisions of 18 Pa.C.S. (relating to crimes and offenses):
(i) Chapter 25 (relating to criminal
				  homicide).
(ii) Section 2702
				  (relating to aggravated assault).
(iii) Section 2901 (relating to
				  kidnapping).
(iv) Section 2902
				  (relating to unlawful restraint).
(v) Section 3121 (relating to
				  rape).
(vi) Section
				  3122.1 (relating to statutory
				  sexual assault).
(vii) Section 3123
				  (relating to involuntary deviate sexual intercourse).
(viii) Section
				  3124.1 (relating to sexual
				  assault).
(ix) Section 3125
				  (relating to aggravated indecent assault).
(x) Section 3126 (relating to indecent
				  assault).
(xi) Section 3127
				  (relating to indecent exposure).
(xii) Section 3301 (relating to arson and
				  related offenses).
(xiii) Section
				  3502 (relating to burglary).
(xiv)
				  Section 3701 (relating to robbery).
(xv) A felony offense under Chapter 39
				  (relating to theft and related offenses) or two or more misdemeanors under
				  Chapter 39.
(xvi) Section 4101
				  (relating to forgery).
(xvii)
				  Section 4114 (relating to securing execution of documents by
				  deception).
(xviii) Section 4302
				  (relating to incest).
(xix) Section
				  4303 (relating to concealing death of child).
(xx) Section 4304 (relating to endangering
				  welfare of children).
(xxi) Section
				  4305 (relating to dealing in infant children).
(xxii) Section 4952 (relating to intimidation
				  of witnesses or victims).
(xxiii)
				  Section 4953 (relating to retaliation against witness or victim).
(xxiv) A felony offense under section 5902(b)
				  (relating to prostitution and related offenses).
(xxv) Section 5903(c) or (d) (relating to
				  obscene and other sexual materials and performances).
(xxvi) Section 6301 (relating to corruption
				  of minors).
(xxvii) Section 6312
				  (relating to sexual abuse of children).
Pennsylvania Code › Title 22 - EDUCATION › Part XIX - Criminal History Record Information › Chapter 701 - NURSE AIDE TRAINING PROGRAM APPLICANT CRIMINAL HISTORY RECORD INFORMATION › RESPONSIBILITIES OF FACILITIES AND DESIGNATED REPRESENTATIVE › Section 701.14 - Notification to applicant regarding CHRI report

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall notify the applicant in writing which is
					 clear and understandable, if the decision not to admit the applicant is based
					 in whole or in part on the CHRI report.
Pennsylvania Code › Title 22 - EDUCATION › Part XIX - Criminal History Record Information › Chapter 701 - NURSE AIDE TRAINING PROGRAM APPLICANT CRIMINAL HISTORY RECORD INFORMATION › RESPONSIBILITIES OF FACILITIES AND DESIGNATED REPRESENTATIVE › Section 701.15 - Confidentiality of information

Current through Register Vol. 54, No. 28, July 13, 2024
The facility shall establish a policy that ensures the
					 confidentiality of the CHRI report by placing it in a locked file cabinet or
					 similar storage area and ensuring that the CHRI report is not available to
					 anyone who is not directly involved in evaluating the applications for
					 enrollment into the program, except State and Federal personnel who monitor the
					 program.
Pennsylvania Code › Title 22 - EDUCATION › Part XIX - Criminal History Record Information › Chapter 701 - NURSE AIDE TRAINING PROGRAM APPLICANT CRIMINAL HISTORY RECORD INFORMATION › RESPONSIBILITIES OF FACILITIES AND DESIGNATED REPRESENTATIVE › Section 701.16 - Violations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual
				  who is responsible for reviewing and approving applications for enrollment into
				  the program (that is, the facility's designated representative) and who
				  willfully fails to comply with §
										701.12(2) and (3)
				  or §
										701.13 (relating to receipt and
				  review of the CHRI report by facility; and nonacceptance of certain applicants)
				  shall be subject to a civil penalty as provided for in §
										701.21 (relating to
				  responsibilities of the Department).
(b) A facility administrator who willfully
				  fails to comply with §
										701.12(1) shall
				  be subject to a civil penalty as provided in §
										701.21.
This section cited in 22 Pa. Code §
												701.21 (relating to
						responsibilities).
Pennsylvania Code › Title 22 - EDUCATION › Part XIX - Criminal History Record Information › Chapter 701 - NURSE AIDE TRAINING PROGRAM APPLICANT CRIMINAL HISTORY RECORD INFORMATION › RESPONSIBILITIES OF THE DEPARTMENT › Section 701.21 - Responsibilities of the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will determine compliance
				  violations.
(b) As part of the
				  routine monitoring of facilities, the Department's monitoring staff will record
				  the name of the designated facility representative and review the facility's
				  files of all nurse aide students who are enrolled in the program after July 29,
				  2000.
(c) The Department will
				  receive and investigate complaints which allege violations of the act or this
				  chapter.
(d) Based upon the
				  information gathered as part of its routine monitoring or its investigation of
				  a complaint, the Department may hold a hearing to determine violations of §
										701.16 (relating to violations).
(1) The procedures for the hearing will
				  conform to 2 Pa.C.S. (relating to administrative law and procedure).
(2) After the hearing, the Department may
				  assess a civil penalty of not more than $2,500 per violation.
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 711.1 - 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:
Act
-The Charter School Law (24 P. S. §§
											17-1701-A-17-1723-A).
Charter school
-An independent public
					 school established and operated under a charter from the local board of school
					 directors and in which students are enrolled or attend. A charter school shall
					 be organized as a public, nonprofit corporation. Charters may not be granted to
					 any for-profit entity.
Child with a disability
-As defined in
					 34 CFR
					 300.8 (relating to child with a
					 disability).
Cyber charter school
-As defined in section
					 1703-A of the act (24 P. S. §
											17-1703-A).
Department
-The Department of Education of
					 the Commonwealth.
ESY
-Extended school year.
FAPE
-Free appropriate public
					 education.
IDEA
-Individuals with Disabilities
					 Education Act ( 20 U.S.C.A.
					 §§
											1400 -
					 1419.
IEP
-Individualized education
					 program.
Regional charter school-
As defined in
					 section 1703-A of the act.
SEA
-State education agency-The Department
					 of Education of the Commonwealth.
School entity
-A school district,
					 intermediate unit, joint school or area vocational technical school.
Secretary
-The Secretary of the
					 Department.
Section 504
-Section 504 of the
					 Rehabilitation Act of 1973 ( 29 U.S.C.A. §
											794.
The provisions of this §
												711.1 amended under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).
This section cited in 22 Pa. Code §
												10.2 (relating to
						definitions).
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 711.2 - Purposes and intent

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  This chapter specifies how the Commonwealth, through the Department, will meet
				  its obligation to ensure that charter schools and cyber charter schools comply
				  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)
				  This chapter does not prevent a charter school or cyber charter school and a
				  school district from entering into agreements regarding the provision of
				  services and programs to comply with this chapter, whether or not the
				  agreements involve payment for the services and programs by the charter school
				  or the cyber charter school.
(c)
				  Charter schools and cyber charter schools are exempt from Chapter 14 (relating
				  to special education services and programs). See
				  24
				  P. S. §
											17-1732-A.
(d) Children with disabilities shall 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).
(e) The
				  Department supports the use of prereferral intervention strategies, in
				  accordance with 34 CFR
				  300.226 (relating to early intervening
				  services) and as outlined in §
										711.23(c) 
				  (relating to screening) to promote students' success in the general education
				  environment.
The provisions of this §
												711.2 amended under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).
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 711.4 - Supervision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commonwealth, through the Department will provide general supervision of
				  special education services and programs provided under this chapter to ensure
				  that charter schools and cyber charter schools comply with §
										711.3 (relating to incorporation
				  of Federal regulations).
(b) The
				  Department will supervise charter schools' and cyber charter schools'
				  compliance with IDEA in accordance with the policies and procedures in the
				  Department's IDEA grant application under
				  34 CFR
				  300.100 (relating to eligibility for
				  assistance) and as approved by the United States Department of
				  Education.
(c) Charter schools and
				  cyber charter schools shall:
(1) Comply with
				  the Department's compliance monitoring requirements.
(2) Provide the information requested by the
				  Department.
(3) Complete the
				  corrective action required by the Department.
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 711.5 - Personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Appropriate certification required
. Persons who provide
				  special education or related services to children with disabilities in charter
				  schools and cyber charter schools shall have appropriate certification,
				  notwithstanding section 1724-A of the act (24 P. S. §
											17-1724-A).
(b)
Educational
				  interpreters
. An educational interpreter is an individual who provides
				  students who are deaf or hard of hearing with interpreting or transliterating
				  services in an educational setting. To serve as an educational interpreter at a
				  charter school or cyber charter school, consistent with the Sign Language
				  Interpreter/Transliterator State Registration Act (63 P. S. §§
											1725.1-1725.12), an individual shall meet the
				  qualifications in paragraph (1) or (2) and paragraph (3):
(1) Achieve and provide evidence of a score
				  of 3.5 on the Educational Interpreter Performance Assessment (EIPA) for the
				  appropriate grade level to which the person has been assigned.
(2) Be a qualified sign language interpreter
				  or qualified transliterator under the Sign Language Interpreter or
				  Transliterator State Registration Act and its implementing
				  regulations.
(3) Provide evidence
				  of a minimum of 20 hours of staff development activities relating to
				  interpreting or transliterating services annually.
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 711.6 - Annual report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  annual report required under section 1728-A(b) of the act (24 P. S. §
											17-1728-A(b)) must include:
(1) The number of children with disabilities
				  in special education.
(2) The
				  services, programs and resources being implemented by the charter school or
				  cyber charter school staff.
(3) The
				  services and programs utilized by the charter school or the cyber charter
				  school through contracting with another public agency, other organizations or
				  individuals.
(4) The services and
				  programs utilized by the charter school or the cyber charter school through the
				  assistance of an intermediate unit as prescribed under sections 1725-A(a)(4)
				  and 1744-A(3) of the act (24 P. S. §§
												17-1725-A(a)(4) and 1744-A(3)).
(5) Staff training in special education
				  utilized by the charter school or the cyber charter school through the
				  Department's training and technical assistance network and intermediate
				  unit.
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 711.7 - Enrollment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A charter
				  school or cyber charter school may not deny enrollment or otherwise
				  discriminate in its admission policies or practices on the basis of a child's
				  disability or the child's need for special education or supplementary aids or
				  services.
(b) Subject to subsection
				  (a), a charter school or cyber charter school may limit admission to a
				  particular grade level or areas of concentration of the school such as
				  mathematics, science or the arts. A charter school or cyber charter school may
				  establish reasonable criteria to evaluate prospective students which shall be
				  outlined in the school charter.
(c)
				  A charter school or cyber charter school may not discriminate in its admission
				  policies or practices on the basis of intellectual ability. Admission criteria
				  may not include measures of achievement or aptitude.
The provisions of this §
												711.7 amended under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).
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 711.8 - Education records

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  When the educational records for a child with a disability are transferred from
				  a public agency, private school, approved private school or private agency, to
				  a charter school or cyber charter school, the public agency, private school,
				  approved private school or private agency from which the child transferred
				  shall forward all of the child's educational records, including the most recent
				  IEP, within 10 days after the public agency, private school, approved private
				  school or private agency is notified in writing that the child is enrolled in a
				  charter school or cyber charter school.
(b) When the educational records for a child
				  with a disability are transferred to a public agency, private school, approved
				  private school or private agency from a charter school or cyber charter school,
				  the charter school or cyber charter school shall forward the child's
				  educational records, including the most recent IEP, within 10 school days after
				  the charter school or cyber charter school is notified in writing that the
				  child is enrolled at another public agency, private school, approved private
				  school or private agency.
(c)
				  Charter schools and cyber charter schools shall maintain educational records
				  for children with disabilities consistent with the regulations for the Family
				  Educational Rights and Privacy Act of 1974 (20 U.S.C.A. §§
											1221 note and 1232g) in 34 CFR Part 99
				  (relating to family educational rights and privacy).
The provisions of this §
												711.8 amended under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).
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 711.9 - Payments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The child's
				  school district of residence shall provide the special education payments
				  required by section 1725-A(a)(3) of the act (24 P. S. §
											17-1725-A(a)(3)) to the charter school either
				  when:
(1) A child with an IEP begins
				  attending the charter school or cyber charter school.
(2) The charter school or cyber charter
				  school has identified an enrolled child as a child with a disability under
				  IDEA, has developed an IEP for the child and notifies the district of residence
				  of the identification.
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 711.10 - 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 §
												711.10 adopted under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).
Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › IDENTIFICATION AND EVALUATION › Section 711.21 - Child find

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
				  enable the Commonwealth to meet its obligations under
				  34 CFR
				  300.111 (relating to child find), each
				  charter school and cyber charter school shall establish written policies and
				  procedures to ensure that all children with disabilities who are enrolled in
				  the charter school or cyber charter school, and who are in need of special
				  education and related services, are identified, located and
				  evaluated.
(b) Each charter
				  school's or cyber charter school's written policy must include:
(1) Public awareness activities sufficient to
				  inform parents of children applying to or enrolled in the charter school or
				  cyber charter school of available special education services and programs and
				  how to request those services and programs. Written information shall be
				  published in the charter school or cyber charter school handbook and web
				  site.
(2) Systematic screening
				  activities that lead to the identification, location and evaluation of children
				  with disabilities enrolled in the charter school or cyber charter
				  school.
Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › IDENTIFICATION AND EVALUATION › Section 711.22 - Reevaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The parent or
				  teacher of a child with a disability has the right under 34 CFR Part 300.303(b)
				  (relating to reevaluations) to request a reevaluation annually. More frequent
				  reevaluations may only occur if the parent and charter school or cyber charter
				  school agree. In addition to the requirements incorporated by reference in
				  34 CFR
				  300.303 (relating to reevaluation),
				  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.
(b) Charter schools and
				  cyber charter schools shall reevaluate students with disabilities at least once
				  every 3 years.
(c) Children with
				  disabilities who are identified as having an intellectual disability shall be
				  reevaluated at least once every 2 years.
The provisions of this §
												711.22 amended under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).
Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › IDENTIFICATION AND EVALUATION › Section 711.23 - Screening

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each charter
				  school and cyber charter school shall establish a system of screening which may
				  include prereferral intervention services to accomplish the following:
(1) Identification and provision of initial
				  screening for students prior to referral for a special education evaluation,
				  including those services outlined in subsection (c).
(2) Provision of peer support for teachers
				  and other staff members to assist them in working effectively with students in
				  the general education curriculum.
(3) Identification of students who may need
				  special education services and programs.
Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › IDENTIFICATION AND EVALUATION › Section 711.24 - 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), must 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 of 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 charter school
				  or cyber charter school 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 charter school or cyber charter school, 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 §
												711.24 adopted under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).
Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › IDENTIFICATION AND EVALUATION › Section 711.25 - Criteria for the determination of specific learning disabilities

Current through Register Vol. 54, No. 28, July 13, 2024
Following are State-level criteria for determining the
					 existence of a specific learning disability. Each charter school and cyber
					 charter school 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-s charter application and annual
					 report. To determine that a child has a specific learning disability, the
					 charter school or cyber charter school 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 XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › IEP › Section 711.41 - IEP

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a child
				  with an IEP transfers to a charter school or cyber charter school, the charter
				  school or cyber charter school is responsible upon enrollment for ensuring that
				  the child receives special education and related services in conformity with
				  the IEP, either by adopting the existing IEP or by developing a new IEP for the
				  child in accordance with the requirements of IDEA.
(b) For students who are 14 years of age or
				  older, the charter school or cyber charter school shall include a transition
				  plan which includes appropriate measurable postsecondary goals related to
				  training, education, employment and, when appropriate, independent living
				  skills.
(c) The IEP of each student
				  shall be implemented as soon as possible but no later than 10 school days after
				  its completion.
The provisions of this §
												711.41 amended under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).
Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › IEP › Section 711.42 - Transportation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) School
				  districts shall provide transportation to students with disabilities eligible
				  under IDEA and to protected handicapped students under Section 504, to the
				  charter school in which they are enrolled, if the charter school is located in
				  their school district of residence, a regional charter school of which the
				  school district is a part or a charter school located outside district
				  boundaries at a distance not exceeding 10 miles by the nearest public highway.
				  This includes transportation to an ESY program, if that program is held at the
				  charter school.
(b) Students with
				  disabilities and Section 504 students may require modifications or
				  accommodations for transportation to the charter school. Provision of
				  modifications or accommodations, including specialized equipment and bus aides,
				  in a student's IEP or Section 504 Service Agreement, are the obligation of the
				  charter school.
(c) Cyber charter
				  school students are not required to attend a specific facility to receive their
				  educational services. The act does not require that a student's school district
				  of residence provide transportation for cyber charter school students. If
				  transportation is required as a related service in the IEP of the student with
				  disabilities, who is enrolled in a cyber charter school, the cyber charter
				  school shall provide the required transportation.
(d) This chapter does not prohibit a charter
				  school or cyber charter school and a school district from entering into
				  agreements regarding the provision of transportation as a related service or
				  accommodation to children with disabilities eligible under IDEA, or students
				  eligible under Section 504.
The provisions of this §
												711.42 amended under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).
Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › IEP › Section 711.43 - Educational placement

Current through Register Vol. 54, No. 28, July 13, 2024
When the IEP team at a charter school or cyber charter
					 school places a child in another public agency, private school or private
					 agency, and the parents choose to keep their child enrolled in the charter
					 school or cyber charter school, the charter school or cyber charter school is
					 obligated to pay for that placement.
The provisions of this §
												711.43 amended under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).
Pennsylvania Code › Title 22 - EDUCATION › Part XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › IEP › Section 711.44 - 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), charter schools and cyber charter schools 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 charter school or cyber
				  charter school 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 XX - Charter Schools › Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES › PROCEDURAL SAFEGUARDS › Section 711.61 - Suspension and expulsion

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
				  purposes of this chapter, the terms "suspension" and "expulsion" have the
				  meanings set forth in
				  12.6 (relating to exclusions from
				  school).
(b) Charter schools and
				  cyber charter schools shall comply with Chapter 12 (relating to students) and
				  34 CFR
				  300.530-300.537, regarding
				  discipline procedures.
(c) Any
				  removal from the current educational placement is a change of placement for a
				  student who is identified with an intellectual disability.
(d) When a child with a disability has been
				  expelled from a charter school or cyber charter school, the charter school or
				  cyber charter school shall provide the child with a disability with the
				  education required under
				  12.6(e) until the
				  charter school or cyber charter school is notified in writing that the child is
				  enrolled in another public agency, private school, approved private school or
				  private agency.
(e) 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.
The provisions of this §
												711.61 amended under sections
						1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S.
						17-1732-A(c)(2) and
						17-1749-A(b)(8).