reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 15 - PROTECTED HANDICAPPED STUDENTS › Section 15.2 - 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:
Parents
-A birth or adoptive parent, a
					 guardian or a person acting as a parent of the student.
Protected handicapped student
-A student
					 who meets the following conditions:
(i) Is of an age at which public education is
				  offered in that school district.
(ii) Has a physical or mental disability
				  which substantially limits or prohibits participation in or access to an aspect
				  of the student's school program.
(iii) Is not eligible as defined by Chapter
				  14 (relating to special education services and programs) or who is eligible but
				  is raising a claim of discrimination under §
										15.10 (relating to discrimination
				  claims).
School days
-The days of the school
					 district's academic year plus the 14 calendar days before the beginning of the
					 academic year and the 14 calendar days following the completion of the academic
					 year.
Section 504
-Section 504 of the
					 Rehabilitation Act of 1973 (29 U.S.C.A. §
											794).
Service agreement
-A written agreement
					 executed by a student's parents and a school official setting forth the
					 specific related aids, services or accommodations to be provided to a protected
					 handicapped student.
This section cited in 22 Pa. Code §
												10.2 (relating to definitions); 22
						Pa. Code §
												10.23 (relating to response and
						handling of a student with a disability); 55 Pa. Code §
												3270.4 (relating to definitions);
						55 Pa. Code §
												3280.4 (relating to definitions);
						and 55 Pa. Code §
												3290.4 (relating to
						definitions).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 15 - PROTECTED HANDICAPPED STUDENTS › Section 15.3 - General

Current through Register Vol. 54, No. 28, July 13, 2024
A school district shall provide each protected handicapped
					 student enrolled in the district, without cost to the student or family, those
					 related aids, services or accommodations which are needed to afford the student
					 equal opportunity to participate in and obtain the benefits of the school
					 program and extracurricular activities without discrimination and to the
					 maximum extent appropriate to the student's abilities.
This section cited in 22 Pa. Code §
												10.23 (relating to response and
						handling of a student with a disability); and 22 Pa. Code Appendix A (relating
						to model memorandum of
						understanding).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 15 - PROTECTED HANDICAPPED STUDENTS › Section 15.4 - Annual notice

Current through Register Vol. 54, No. 28, July 13, 2024
On or before the first day of a school year, a school
					 district shall inform parents of enrolled students that the district does not
					 discriminate against protected handicapped students and the district's
					 responsibilities under this chapter. The notice may be included in a document
					 reasonably expected to reach the parents of students enrolled in the school
					 district, such as school calendars or brochures.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 15 - PROTECTED HANDICAPPED STUDENTS › Section 15.5 - School district initiated evaluation and provision of services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A school
				  district shall send a written notice to the student's parents if a school
				  district believes that a student meets one or more of the following conditions:
(1) Should be identified as a protected
				  handicapped student.
(2) Should no
				  longer be identified as a protected handicapped student.
(3) Requires a change in or modification of
				  the student's current service agreement.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 15 - PROTECTED HANDICAPPED STUDENTS › Section 15.6 - Parent initiated evaluation and provision of services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parents shall request in writing that
				  their child be evaluated and provided services if they believe their child
				  meets one or more of the following conditions:
(1) Should be identified as a protected
				  handicapped student.
(2) Should no
				  longer be identified as a protected handicapped student.
(3) Requires a change in or modification of
				  the child's current service agreement.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 15 - PROTECTED HANDICAPPED STUDENTS › Section 15.7 - Service agreement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				  the parents and the school district agree as to what related aids, services or
				  accommodations should or should no longer be provided to the protected
				  handicapped student, the district and parents shall enter into or modify a
				  service agreement. The service agreement shall be written and executed by a
				  representative of the school district and one or both parents. Oral agreements
				  may not be relied upon. The agreement shall set forth the specific related
				  aids, services or accommodations the student shall receive, or if an agreement
				  is being modified, the modified services the student shall receive. The
				  agreement shall also specify the date the services shall begin, the date the
				  services shall be discontinued, and, when appropriate, the procedures to be
				  followed in the event of a medical emergency.
(b) If the parents and the school district
				  cannot agree as to the related aids, services and accommodations that should or
				  should no longer be provided to the protected handicapped student, either party
				  may use the procedural safeguard system under §
										15.8 (relating to procedural
				  safeguards) to resolve the dispute, and the school district shall notify
				  parents in writing of their rights in this regard.
(c) In implementing the service agreement,
				  school entities shall address relevant factors, such as educational resources,
				  physical plant and personnel capabilities.
This section cited in 22 Pa. Code §
												10.23 (relating to response and
						handling of a student with a disability); 55 Pa. Code §
												3270.4 (relating to definitions);
						55 Pa. Code §
												3280.4 (relating to definitions);
						and 55 Pa. Code §
												3290.4 (relating to
						definitions).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 15 - PROTECTED HANDICAPPED STUDENTS › Section 15.8 - Procedural safeguards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Parental request for assistance.
Parents may file a written
				  request for assistance with the Department if one or both of the following
				  apply:
(1) The school district is not
				  providing the related aids, services and accommodations specified in the
				  student's service agreement.
(2)
				  The school district has failed to comply with the procedures in this
				  chapter.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 15 - PROTECTED HANDICAPPED STUDENTS › Section 15.9 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
A school district shall do the following:
(1) Protect the confidentiality of personally
				  identifiable information regarding a protected handicapped student.
(2) Require parental consent before releasing
				  personally identifiable information to unauthorized persons.
(3) Provide access to educational records of
				  the student to the parents or a representative of the parents.
(4) Comply with section 513(a) of the Family
				  Educational Rights and Privacy Act of 1974 (20 U.S.C.A. §
											1232g) and 34 CFR Part 99 (relating to family
				  education rights and privacy).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 15 - PROTECTED HANDICAPPED STUDENTS › Section 15.10 - Discrimination claims

Current through Register Vol. 54, No. 28, July 13, 2024
Notwithstanding other provisions of this chapter, an
					 eligible or noneligible student under Chapter 14 (relating to special education
					 services and programs) may use the procedures for requesting assistance under §
										15.8(a) (relating
					 to procedural safeguards) to raise claims regarding denial of access, equal
					 treatment or discrimination based on handicap. A student filing a claim of
					 discrimination need not exhaust the procedures in this chapter prior to
					 initiating a court action under Section 504.
This section cited in 22 Pa. Code §
												15.2 (relating to definitions);
						and 22 Pa. Code §
												15.11 (relating to rules of
						construction).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 15 - PROTECTED HANDICAPPED STUDENTS › Section 15.11 - Rules of construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  full description of substantive responsibilities of school entities is set
				  forth in Section 504 and the Section 504 regulations at 34 CFR Part 104
				  (relating to nondiscrimination on the basis of handicap in programs and
				  activities receiving or benefitting from federal financial assistance) and not
				  in this chapter.
(b) Eligible and
				  thought to be eligible students continue to be governed by Chapter 14 (relating
				  to special education services and programs), except for the provisions of §
										15.10 (relating to discrimination
				  claims).
(c) It is not the purpose
				  of this chapter to preempt, create, supplant, expand or restrict the rights or
				  liabilities of protected handicapped students or school entities beyond what is
				  contemplated by Section 504, the Section 504 regulations at 34 CFR Part 104 or
				  another law. This chapter does not restrict or limit a parent, protected
				  handicapped student, school entity or the Commonwealth from pursuing claims or
				  defenses available, whether constitutional, statutory, regulatory or common
				  law. This chapter does not restrict or limit a protected handicapped student or
				  school entity from filing a cognizable action, appellate or original in nature,
				  to resolve a dispute under Section 504 or the Federal Section 504 regulations.
				  This chapter does not increase or diminish the jurisdiction of any
				  court.
(d) It is not the intent of
				  the Board that this chapter be interpreted as influencing, in either the
				  plaintiff's or defendant's favor, the disposition of a particular civil action.
				  However, this chapter is intended to have the force of law and to be so
				  interpreted by the courts.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › GENERAL PROVISIONS › Section 16.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 specifies how the Commonwealth will meet its obligations to suspected and
					 identified gifted students who require gifted education to reach their
					 potential. It is the intent of the Board that gifted students be provided with
					 quality gifted education services and programs.
(b) The Commonwealth, through the Department,
					 will provide general supervision of services and programs provided under this
					 chapter.
(c) The Department will
					 disseminate information about and promote the use of promising practices and
					 innovative programs to meet the needs of gifted students.
(d) To provide services and programs
					 efficiently, the Commonwealth will delegate operational responsibility to its
					 school districts. Each school district shall, by direct service or through
					 arrangement with other agencies, provide the following:
(1) Services and programs planned, developed
					 and operated for the identification and evaluation of each gifted
					 student.
(2) Gifted education for
					 each gifted student which is based on the unique needs of the student, not
					 solely on the student's classification.
(3) Gifted education for gifted students
					 which enables them to participate in acceleration or enrichment programs, or
					 both, as appropriate, and to receive services according to their intellectual
					 and academic abilities and needs.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › GENERAL PROVISIONS › Section 16.3 - Experimental programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Secretary may approve exceptions to this chapter for the operation of
					 experimental programs that are anticipated to improve student achievement and
					 that meet certain unique programmatic needs of gifted students. School
					 districts shall submit an annual application for approval of those programs.
					 The application shall:
(1) Include provision
					 for the involvement of parents, administrators and professionals in the design
					 and ongoing review of performance.
(2) Include provisions for annually
					 evaluating the program as to whether it benefits student achievement.
(3) Demonstrate that it has met the following
					 criteria:
(i) A definition of the need that
					 exists which necessitates an experimental program.
(ii) Data to support the existence of the
					 need.
(iii) A description of the
					 program, including the nature of the program, specific goals and objectives to
					 be reached, role and function of personnel involved, and timelines for
					 development, implementation and evaluation.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › GENERAL PROVISIONS › Section 16.4 - Gifted education plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 accordance with §
											4.13(e) (relating
					 to strategic plans), each school district shall develop and implement a gifted
					 education plan every 6 years. A school district shall make its gifted 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.
(b) Each school district shall address the
					 following in its gifted education plan:
(1)
					 The process for identifying children who are gifted and in need of specially
					 designed instruction.
(2) The
					 gifted special education programs offered.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › GENERAL PROVISIONS › Section 16.5 - Personnel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Professional
					 personnel shall consist of certified individuals responsible for identifying
					 gifted students and providing gifted education in accordance with Article XI of
					 the School Code (24 P.S. §§
												11-1101-11-1192)
					 and this title.
(b)
					 Paraprofessional personnel consist of individuals who work under the direction
					 of professional personnel as defined in this chapter. The duties and training
					 of the paraprofessional staff shall be determined by the employing
					 agency.
(c) A school district and
					 intermediate unit shall provide, under section 1205.1 of the School Code
					 (24
					 P.S. §
												12-1205.1), in-service training for
					 gifted and regular teachers, principals, administrators and support staff
					 persons responsible for gifted education.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › GENERAL PROVISIONS › Section 16.6 - General supervision

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Educational programs for gifted students administered within this Commonwealth
					 are considered to be under the general supervision of the Department and must
					 meet the provisions of this chapter.
(b) The Department will ensure that
					 appropriate and responsible fiscal oversight and control is maintained over the
					 development and provision of gifted education in accordance with this chapter
					 providing for fiscal accountability and prudent management.
(c) The Board will review this chapter at
					 least every 4 years to ensure consistent interpretation and application of this
					 chapter.
(d) The Department will
					 conduct onsite monitoring of school districts on a cyclical basis, or more
					 frequently when necessary, to ensure school district implementation of this
					 chapter. The Department will outline the process and schedule for monitoring in
					 a Basic Education Circular (BEC). The BEC will include:
(1) A description of the elements to be
					 reviewed and the criteria for determining compliance with each
					 element.
(2) A process and
					 procedure to present the monitoring findings to school districts.
(3) A process for school districts to respond
					 to monitoring findings.
(4) A
					 process for resolution of findings, which may include a requirement that school
					 districts develop corrective action plans.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › GENERAL PROVISIONS › Section 16.7 - Special education

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Nothing in this chapter is intended to reduce the protections afforded to
					 students who are eligible for special education as provided under Chapter 14
					 (relating to special education services and programs) and sections 601-619 of
					 the Individuals with Disabilities Education Act (20 U.S.C.A. §§
												1400-1419).
(b) If a student is determined to be both
					 gifted and eligible for special education, the procedures in Chapter 14 take
					 precedence. For these students identified with dual exceptionalities, the needs
					 established under gifted status in this chapter shall be fully addressed in the
					 procedures required in Chapter 14.
(c) For students who are gifted and eligible
					 for special education, it is not necessary for school districts to conduct
					 separate screening and evaluations or use separate procedural safeguards
					 processes to provide for a student's needs as both a gifted and an eligible
					 student.
(d) A single IEP shall be
					 developed and implemented, revised and modified in accordance with this chapter
					 and Chapter 14, for students who are identified as eligible under this chapter
					 and Chapter 14.
The provisions of this §
													16.7 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 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › SCREENING AND EVALUATION PROCESS › Section 16.22 - Gifted multidisciplinary evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to conducting an initial gifted
					 multidisciplinary evaluation, the school district shall comply with the notice
					 and consent requirements under §§
											16.61 and 16.62 (relating to
					 notice; and consent).
(b) Referral
					 for gifted multidisciplinary evaluation shall be made when the student is
					 suspected by teachers or parents of being gifted and not receiving an
					 appropriate education under Chapter 4 (relating to academic standards and
					 assessment) and one or more of the following apply:
(1) A request for evaluation has been made by
					 the student's parents under subsection (c).
(2) The student is thought to be gifted
					 because the school district's screening of the student indicates high potential
					 consistent with the definition of mentally gifted or a performance level which
					 exceeds that of other students in the regular classroom.
(3) A hearing officer or judicial decision
					 orders a gifted multidisciplinary evaluation.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › SCREENING AND EVALUATION PROCESS › Section 16.23 - Gifted multidisciplinary reevaluation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Gifted students shall be reevaluated
					 before a change in educational placement is recommended for the student. In
					 addition, gifted students may be reevaluated at any time under recommendation
					 by the GIEP team.
(b) Reevaluations
					 shall be developed in accordance with the requirements concerning evaluation in
					 this chapter.
(c) Reevaluations
					 must include a review of the student's GIEP, a determination of which
					 instructional activities have been successful, and recommendations for the
					 revision of the GIEP.
(d) The
					 reevaluation timeline for gifted students 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 may not be counted.
The provisions of this §
													16.23 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 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › GIEP › Section 16.31 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A GIEP is a
					 written plan describing the education to be provided to a gifted student. The
					 initial GIEP must be based on and be responsive to the results of the
					 evaluation and be developed and implemented in accordance with this
					 chapter.
(b) If a gifted student
					 moves from one school district in this Commonwealth to another, the new
					 district shall implement the existing GIEP to the extent possible or provide
					 the services and programs specified in an interim GIEP agreed to by the parents
					 until a new GIEP is developed and implemented in accordance with this section
					 and §§
											16.32 and
					 16.33 (relating to GIEP; and
					 support services) or until the completion of due process proceedings under §§
											16.61-16.65 (relating to procedural
					 safeguards).
(c) Every student
					 receiving gifted education prior to July 1, 2008, shall continue to receive
					 gifted education until the student meets one of the following conditions:
(1) The student graduates from high
					 school.
(2) The student is no
					 longer of school age.
(3) A GIEP
					 team determines that the student no longer needs gifted education.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › GIEP › Section 16.32 - GIEP

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The GIEP team,
					 in accordance with the requirements of this chapter shall, based upon the
					 evaluation report, develop an initial GIEP and arrive at a determination of
					 educational placement. Revisions to GIEPs, changes in educational placement, or
					 continuation of educational placement for a student determined to be a gifted
					 student shall be made by the GIEP team based upon a review of the student's
					 GIEP and instructional activities, present levels of educational performance,
					 as well as on information in the most recent evaluation.
(b) Each GIEP team must include persons who
					 meet the following qualifications:
(1) One or
					 both of the student's parents.
(2)
					 The student if the parents choose to have the student participate.
(3) A representative of the district, who
					 will serve as the chairperson of the GIEP team, who is knowledgeable about the
					 availability of resources of the district, and who is authorized by the
					 district to commit those resources.
(4) One or more of the student's current
					 teachers.
(5) Other individuals at
					 the discretion of either the parents or the district.
(6) A teacher of the gifted.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › GIEP › Section 16.33 - Support services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 GIEP team, during the development, review or revision of a GIEP, shall
					 determine whether the gifted student needs one or more support
					 services.
(b) The GIEP team shall
					 conclude that transportation to and from school psychological services, parent
					 counseling and education, or another service is a support service if the GIEP
					 team determines that one of the following criteria has been met:
(1) The service is an integral part of an
					 educational objective of the student's GIEP, without which the GIEP cannot be
					 implemented.
(2) The service is
					 needed to ensure the student benefits from or gains access to a gifted
					 education program.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › EDUCATIONAL PLACEMENT › Section 16.41 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The GIEP team
					 shall base educational placement decisions on the gifted student's
					 needs.
(b) Districts may use
					 administrative and instructional strategies and techniques in the provision of
					 gifted education for gifted students which do not require, but which may
					 include, categorical grouping of students. The placement must:
(1) Enable the provision of appropriate
					 specially designed instruction based on the student's need and
					 ability.
(2) Ensure that the
					 student is able to benefit meaningfully from the rate, level and manner of
					 instruction.
(3) Provide
					 opportunities to participate in acceleration or enrichment, or both, as
					 appropriate for the student's needs. These opportunities must go beyond the
					 program that the student would receive as part of a general
					 education.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › EDUCATIONAL PLACEMENT › Section 16.42 - Parental placement in private schools

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter does not limit the right of
					 parents to have their gifted children educated at private schools completely at
					 private expense.
(b) The home
					 education program of a gifted child shall be governed by sections 1327 and
					 1327.1 of the School Code (24 P. S. §§
												13-1327 and
					 13-1327.1).
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 16.61 - Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A school
					 district shall document the provision of written notice to the parents of a
					 gifted student at least 10 school days prior to one or more of the following
					 events:
(1) The school district proposes to
					 conduct a gifted multidisciplinary evaluation or reevaluation of the
					 student.
(2) The school district
					 proposes or refuses to initiate or change the identification, evaluation or
					 educational placement of the student, or proposes or refuses to make any
					 significant changes in the GIEP.
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 16.62 - Consent

Current through Register Vol. 54, No. 28, July 13, 2024
The district shall document that written parental consent
						is obtained prior to:
(1) Conducting
					 an initial multidisciplinary evaluation.
(2) Initially placing a gifted student in a
					 gifted program.
(3) Disclosing to
					 unauthorized persons information identifiable to a gifted student.
(4) When completed, the GIEP provided for in
					 §
											16.32 (relating to GIEP) shall be
					 presented to the parents, along with a notice of recommended assignment signed
					 by the school district superintendent provided for in §
											16.61 (relating to notice) and a
					 notice of parental right to an impartial due process hearing under §
											16.63 (relating to impartial due
					 process hearing). The notice shall be presented to the parents in person at the
					 conclusion of the GIEP conference or by certified mail within 5-calendar days
					 after the completion of the GIEP conference.
(5) The parents shall have 10-calendar days
					 to respond to a notice of recommended assignment sent by mail or 5 calendar
					 days to respond to a notice presented in person at the conclusion of a GIEP
					 conference. If the parents receive the notice in person and approve the
					 recommended assignment within 5-calendar days, the school district may not
					 implement the GIEP for at least 5-calendar days, to give the parents an
					 opportunity to notify the district within the 5-day period of a decision to
					 revoke the previous approval of the recommended assignment.
This section cited in 22 Pa. Code §
													16.22 (relating to gifted
						  multidisciplinary evaluation); 22 Pa. Code §
													16.31 (relating to general); and
						  22 Pa. Code §
													16.32 (relating to
						  GIEP).
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 16.65 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
Each agency shall protect the confidentiality of
						personally identifiable information regarding a gifted student or a student
						thought to be gifted in accordance with section 13(a) of the Family Educational
						Rights and Privacy Act of 1974 (20 U.S.C.A. §
												1232g), 34 CFR Part
						99 (relating to family educational rights and privacy), Chapter 12 (relating to
						students) and other applicable law.
This section cited in 22 Pa. Code §
													16.31 (relating to general); and
						  22 Pa. Code §
													16.32 (relating to
						  GIEP).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 17 - INTERMEDIATE UNITS › Section 17.1 - Operation

Current through Register Vol. 54, No. 28, July 13, 2024
An intermediate unit shall be operated in accordance with
					 the Public School Code of 1949 (24 P. S. §§
											1-101-27-2702) and in particular
					 24
					 P. S. §§
											9-951-9-974, the regulations of the
					 Board and the standards and guidelines of the Secretary.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 17 - INTERMEDIATE UNITS › Section 17.2 - Conventions

Current through Register Vol. 54, No. 28, July 13, 2024
Conventions shall be called in accordance with section
					 911-A of the Public School Code of 1949 (24 P. S. §
											9-961).
The provisions of this §
												17.2 issued under section
						408.1 of The Administrative Code
						of 1929 (71 P. S. §
													118.1)
						(Repealed).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 17 - INTERMEDIATE UNITS › Section 17.3 - Election of intermediate unit boards of directors

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Seats.
Each intermediate
				  unit board of directors shall establish the number of seats on the intermediate
				  unit board in accordance with section 910-A of the Public School Code of 1949
				  (24
				  P. S. §
											9-960) and shall annually notify the
				  Secretary by December 15 of the number of seats established.
(b)
Nominations.
Component
				  school districts of the intermediate unit shall present nominations for members
				  to stand for election for the intermediate unit board of directors. Only those
				  school district board members nominated by a majority vote of the school
				  district board may be elected to the intermediate unit board.
(c)
Voting.
Voting for seats
				  on the intermediate unit board of directors shall conform with the following:
(1) Voting shall be on signed ballot forms
				  provided by the executive director and the ballot shall list the persons
				  nominated under subsection (b).
(2)
				  The ballot used to represent a valid vote shall indicate on its face the
				  proportionate number of votes the director is entitled to cast and the name of
				  the school district.
(3) Each
				  school director of each school board within an intermediate unit shall be
				  entitled to cast a proportionate vote, the proportionate vote to be computed in
				  accordance with the formula specified in the Public School Code of 1949
				  (24
				  P. S. §§
												1-101-27-2702) from the latest data
				  available to the Secretary.
(4)
				  Votes shall be cast as individual board members and not as a school board
				  vote.
(5) Splitting of
				  proportionate votes and cumulative voting shall be prohibited.
(6) In the event a school director shall cast
				  duplicate votes for a candidate, the proportionate vote shall be counted for
				  that candidate only once.
(7) The
				  school directors receiving the highest number of proportionate votes cast by
				  the directors voting shall be declared elected, provided the limitations as to
				  number per district, as outlined in section 910-A of the Public School Code of
				  1949 (24 P. S. §
												9-960), shall be
				  applied.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 17 - INTERMEDIATE UNITS › Section 17.4 - Minutes of a convention

Current through Register Vol. 54, No. 28, July 13, 2024
The presiding intermediate unit board president shall act
					 as the chairman of each convention and, 10 days after the convention, shall
					 file with the Secretary a complete report on the convention. In the case of
					 mail ballot, a report shall also be filed.
The provisions of this §
												17.4 amended under section
						408.1 of The Administrative Code
						of 1929 (71 P. S. §
													118.1)
						(Repealed).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 17 - INTERMEDIATE UNITS › LEASING OF INTERMEDIATE UNIT FACILITIES › Section 17.11 - Preapproval by Secretary of Education

Current through Register Vol. 54, No. 28, July 13, 2024
A lease for an intermediate unit facility shall be
						preapproved by the Secretary as required under section
						919.1 -A of the Public School Code
						of 1949 (24 P. S. §
												9-969.1).
The provisions of this §
													17.11 amended under:? section
						  408.1 of The Administrative Code
						  of 1929 (71 P. S. §
														118.1) (Repealed);
						  amended under: sections 775, 951-971 and 2603-B of the Public School Code of
						  1949 (24 P. S. §§
														7-775,
						  9-951-9-971 and
						  26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 17 - INTERMEDIATE UNITS › LEASING OF INTERMEDIATE UNIT FACILITIES › Section 17.13 - Conditions of lease

Current through Register Vol. 54, No. 28, July 13, 2024
The conditions of the lease shall conform to the
						standards promulgated by the Secretary.
The provisions of this §
													17.13 amended under section 775 of
						  the Public School Code of 1949 (24 P. S. §
														7-775); and sections 775, 951-971 and 2603-B
						  of the Public School Code of 1949 (24 P.S. §§
														7-775,
						  9-951-9-971 and
						  20-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 17 - INTERMEDIATE UNITS › PURCHASE OF INTERMEDIATE UNIT FACILITIES › Section 17.21 - Purchase of facilities

Current through Register Vol. 54, No. 28, July 13, 2024
An intermediate unit may purchase a building for office
						space and warehouse facilities. The purchase shall be in accordance with
						section 919.1 -A of the Public School Code
						of 1949 (24 P.S. §
												9-969.1). The
						Secretary will promulgate standards for the preapproval of the
						purchase.
The provisions of this §
													17.21 issued under sections 775,
						  951-971 and 2603-B of the Public School Code of 1949 (24 P.S. §§
														7-775,
						  9-951-9-971 and
						  26-2603-B).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 18 - FINANCIAL RECOVERY › Section 18.1 - Statutory authority

Current through Register Vol. 54, No. 28, July 13, 2024
The statutory authority for this chapter is section
					 621-A(a)(2) of the School Code (24 P.S. §
											6-621-A(a)(2)).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 18 - FINANCIAL RECOVERY › Section 18.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
Consistent with section 621-A(a)(2) of the School Code
					 (24
					 P.S. §
											6-621-A(a)(2)), the purpose of this
					 chapter is to establish criteria that the Secretary may consider in determining
					 whether to issue a declaration that a school district is in financial recovery
					 status, and whether a school district in financial recovery status is in
					 moderate or severe recovery status.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 18 - FINANCIAL RECOVERY › Section 18.3 - 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:
Average daily membership-
The final
					 average daily membership of a school district as most recently determined by
					 the Department in accordance with procedures established by the Secretary under
					 section 2501(3) of the School Code (24 P.S. §
											25-2501(3)).
Claim-
The term as defined in section
					 602-A of the School Code (24 P.S. §
											6-602-A)).
Deficit-
The term as defined in section
					 602-A of the School Code.
Expenditures-
The term as defined in
					 section 602-A of the School Code.
Financial recovery school district-
The
					 term as defined in section 602-A of the School Code.
Fixed costs-
Expenditures for utility
					 services, insurance-general, communications, energy and debt service as defined
					 in the
Manual of Accounting and Related Financial Procedures for
					 Pennsylvania School Systems
.
Fund equity-
The term as defined in
					 section 602-A of the School Code.
Revenues-
The term as defined in section
					 602-A of the School Code.
School Code-
The Public School Code of
					 1949 (24 P.S. §§
											1-101-27-2702).
School district-
The term as defined in
					 section 602-A of the School Code.
Total annual expenditures-
(i) Reductions in fund equity (including
				  current operating expenses that require the use of fund equity), debt service
				  and capital outlays (including all governmental fund types and all proprietary
				  fund types) as defined in the
Manual of Accounting and Related
				  Financial Procedures for Pennsylvania School Systems,
excluding all
				  fiduciary fund types of the school district.
(ii) The term does not include interfund
				  transfers.
Unassigned fund balance-
Amounts available
					 for any purpose within the general fund only as defined in the
Manual
					 of Accounting and Related Financial Procedures for Pennsylvania School
					 Systems
.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 18 - FINANCIAL RECOVERY › Section 18.4 - Issuance of declaration under section 621-A(a)(1) of the School Code

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As provided by
				  section 621-A(a)(1) of the School Code (24 P.S. §
											6-621-A(a)(1)), the Secretary will issue a
				  declaration that a school district is in financial recovery status when either
				  of the following applies:
(1) The school
				  district has an average daily membership over 7,500 and receives an advance of
				  its basic education subsidy at any time.
(2) The school district receives an advance
				  of its basic education subsidy at any time and either of the following applies:
(i) The school district is subject to a
				  declaration of financial distress under section 691 of the School Code
				  (24
				  P.S. §
													6-691).
(ii) The school district is engaged in
				  litigation against the Commonwealth in which the school district seeks
				  financial assistance from the Commonwealth to allow the school district to
				  continue in operation.
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 18 - FINANCIAL RECOVERY › Section 18.6 - Limitation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As provided by
				  section 621-A(a)(1)(ii)(A) of the School Code (24 P.S. §
											6-621-A(a)(1)(ii)(A)), no more than nine
				  school districts may be under a declaration of financial recovery status or in
				  receivership at any time.
(b) The
				  Secretary may not use information that is more than 5 years old when
				  considering criteria under §
										18.5 (relating to issuance of
				  declaration under section 621-A(a)(2) of the School Code).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 18 - FINANCIAL RECOVERY › Section 18.7 - Moderate and severe recovery status for declarations issued under section 621-A(a)(2) of the School Code

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Moderate recovery status.
The Secretary will issue a
				  declaration that a financial recovery school district is in moderate recovery
				  status under section 621-A(a)(2) of the School Code (24 P.S. §
											6-621-A(a)(2)) if the financial recovery
				  school district is not declared by the Secretary in severe recovery
				  status.
(b)
Severe recovery
				  status.
The Secretary will issue a declaration that a financial
				  recovery school district is in severe recovery status under section 621-A(a)(2)
				  of the School Code if the financial conditions of the school district indicate
				  that the school district is unable, or is reasonably unlikely to be able, to
				  fulfill the 180 days of instruction for pupils requirement provided by section
				  1501 of the School Code (24 P.S. §
											15-1501) for the present school year or for
				  the following school year due to the lack of existing revenue sources and
				  additional revenue sources as are provided by and allowed under law, including
				  the Taxpayer Relief Act (53 P.S. §§
											6926.101-6926.5006).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 18 - FINANCIAL RECOVERY › Section 18.8 - Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
As provided by section 621-A(c) of the School Code
					 (24
					 P.S. §
											6-621-A(c)), a school district may
					 appeal the Secretary's declaration of financial recovery status under
					 2
					 Pa.C.S. §§
											501-508 and
					 701-704 (relating to
					 Administrative Agency Law).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 19 - EDUCATOR EFFECTIVENESS RATING TOOL › Section 19.1 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												19.1 reserved under sections
						1138.3(d)(1),
						1138.4(e)(1), 1138.5(d)(1) and 1138.11 of the Public School Code of 1949
						(24
						P.S. §§
													1138.3(d)(1),
						1138.4(e)(1), 1138.5(d)(1)
						and 1138.11); and sections 201 and 506 of The Administrative Code of 1929
						(71
						P.S. §§
													61 and
						186).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 19 - EDUCATOR EFFECTIVENESS RATING TOOL › Section 19.2 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												19.2 issued under section 1123(a),
						(c)(3), (d)(2), (e) and (j) of the Public School Code of 1949 (24 P. S. §
													11-1123(a), (c)(3), (d)(2), (e) and
						(j)); and sections 201 and 506 of The
						Administrative Code of 1929 (71 P. S. §§
													61
						and 186); reserved under sections
						1138.3(d)(1),
						1138.4(e)(1), 1138.5(d)(1) and 1138.11 of the Public School Code of 1949
						(24
						P.S. §§
													1138.3(d)(1),
						1138.4(e)(1), 1138.5(d)(1)
						and 1138.11); and sections 201 and 506 of The Administrative Code of 1929
						(71
						P.S. §§
													61 and
						186).
Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 19 - EDUCATOR EFFECTIVENESS RATING TOOL › Section 19.3 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
												19.3 issued under section 1123(a),
						(c)(3), (d)(2), (e) and (j) of the Public School Code of 1949 (24 P. S. §
													11-1123(a), (c)(3), (d)(2), (e) and
						(j)); and sections 201 and 506 of The
						Administrative Code of 1929 (71 P. S. §§
													61
						and 186); reserved under sections
						1138.3(d)(1),
						1138(e)(1), 1138(d)(1) and 1138.11 of the Public School Code of 1949
						(24
						P.S. §§
													1138.3(d)(1),
						1138.4(e)(1), 1138.5(d)(1)
						and 1138.11); and sections 201 and 506 of The Administrative Code of 1929
						(71
						P.S. §§
													61 and
						186).