Section 14.102. Purposes

(a) It is the intent of the Board that children with disabilities be provided with quality special education services and programs. The purposes of this chapter are to serve the following:

(1) To adopt Federal regulations by incorporation by reference to satisfy the statutory requirements under the Individuals with Disabilities Education Act (20 U.S.C.A. § § 1400—1482) and to ensure that:

(i) Children with disabilities have available to them a free appropriate public education which is designed to enable the student to participate fully and independently in the community, including preparation for employment or higher education.

(ii) Children with disabilities have access to the general curriculum, and participate in State and local assessments as established and described in Chapter 4 (relating to academic standards and assessment).

(iii) Children with disabilities are educated, to the maximum extent appropriate, with their nondisabled peers and are provided with supplementary aids and services.

(iv) School entities provide access to a full continuum of placement options.

(v) The rights of children with disabilities and parents of these children are protected.

(vi) The use of early intervening services promotes students’ success in a general education environment.

(2) To adopt, except as expressly otherwise provided in this chapter, the requirements of 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities) as published at 71 FR 46540—46845 (August 14, 2006); and amended at 73 FR 73006—73029 (December 1, 2008). The following sections are incorporated by reference:

(i) 34 CFR 300.4—300.6 (relating to act; assistive technology device; and assistive technology service).

(ii) 34 CFR 300.8(a) and (c) (relating to child with a disability).

(iii) 34 CFR 300.9—300.15 (relating to consent; core academic subjects; day, business day, school day; educational service agency; elementary school; equipment; and evaluation).

(iv) 34 CFR 300.17—300.20 (relating to free appropriate public education; highly qualified special education teachers; homeless children; and include).

(v) 34 CFR 300.22—300.24 (relating to individualized education program; individualized education program team; and individualized family service plan).

(vi) 34 CFR 300.27—300.30 (relating to limited English proficient; local educational agency; native language; and parent).

(vii) 34 CFR 300.32—300.37 (relating to personally identifiable; public agency; related services; scientifically based research; secondary school; and services plan).

(viii) 34 CFR 300.39 (relating to special education).

(ix) 34 CFR 300.41—300.45 (relating to State educational agency; supplementary aids and services; transition services; universal design; and ward of the State).

(x) 34 CFR 300.101 and 300.102 (relating to free appropriate public education (FAPE); and limitation-exception to FAPE for certain ages).

(xi) 34 CFR 300.104—300.108 (relating to residential placement; assistive technology; extended school year services; nonacademic services; and physical education).

(xii) 34 CFR 300.113 and 300.114(a)(2) (relating to routine checking of hearing aids and external components of surgically implanted medical devices; and LRE requirements).

(xiii) 34 CFR 300.115—300.117 (relating to continuum of alternative placements; placements; and nonacademic settings).

(xiv) 34 CFR 300.122 (relating to evaluation).

(xv) 34 CFR 300.130—300.144, regarding students enrolled by their parents in private schools.

(xvi) 34 CFR 300.148 (relating to placement of children by parents when FAPE is at issue).

(xvii) 34 CFR 300.160 (relating to participation in assessments).

(xviii) 34 CFR 300.172 (relating to access to instructional materials).

(xxix) 34 CFR 300.174 (relating to prohibition on mandatory medication).

(xx) 34 CFR 300.207 (relating to personnel development).

(xxi) 34 CFR 300.210—300.213 (relating to purchase of instructional materials; information for SEA; public information; and records regarding migratory children with disabilities).

(xxii) 34 CFR 300.224 (relating to requirements for establishing eligibility).

(xxiii) 34 CFR 300.226 (relating to early intervening services).

(xxiv) 34 CFR 300.300 and 300.301 (relating to parental consent; and initial evaluations).

(xxv) 34 CFR 300.302—300.307(a)(1) and (2) and (b) (relating to screening for instructional purposes is not evaluation; reevaluations; evaluation procedures; additional requirements for evaluations and reevaluations; determination of eligibility; and specific learning disabilities).

(xxvi) 34 CFR 300.308—300.311 (relating to additional group members; determining the existence of a specific learning disability; observation; and specific documentation for the eligibility determination).

(xxvii) 34 CFR 300.320—300.325 (relating to definition of individualized education program; IEP Team; parent participation; when IEPs must be in effect; development, review, and revision of IEP; and private school placement by public agencies).

(xxviii) 34 CFR 300.327 and 300.328 (relating to educational placements; and alternative means of meeting participation).

(xxix) 34 CFR 300.501—300.508 (relating to opportunity to examine records; parent participation in meetings; independent education evaluation; prior notice by the public agency, content of notice; procedural safeguards notice; electronic mail; mediation; filing a due process complaint; and due process complaint).

(xxx) 34 CFR 300.510—300.516 (relating to resolution process; impartial due process hearing; hearing rights; hearing decisions; finality of decisions, appeal; impartial review; timelines and convenience of hearings and reviews; and civil action).

(xxxi) 34 CFR 300.518(a), (b) and (d) and 300.519 (relating to child’s status during proceedings; and surrogate parents).

(xxxii) 34 CFR 300.530—300.537 (relating to authority of school personnel; determination of setting; appeal; placement during appeals; protections for children not determined eligible for special education and related services; referral to and action by law enforcement and judicial authorities; change of placement because of disciplinary removals; and state enforcement mechanisms).

(xxxiii) 34 CFR 300.610—300.625 (relating to confidentiality; definitions; notice to parents; access rights; record of access; records on more than one child; list of types and locations of information; fees; amendment of records at parent’s request; opportunity for a hearing; result of hearing; hearing procedures; consent; safeguards; destruction of information; and children’s rights).

(3) To specify how the Commonwealth will meet its obligations to suspected and identified children with disabilities who require special education and related services.

(4) To provide to the Commonwealth, through the Department, general supervision of services and programs provided under this chapter.

(b) To provide services and programs effectively, the Commonwealth will delegate operational responsibility for school aged students to its school districts to include the provision of child find duties prescribed by 34 CFR 300.111 (relating to child find).

The provisions of this § 14.102 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4750. Immediately preceding text appears at serial pages (335426) to (335428).

Notation

Authority

The provisions of this § 14.102 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).

Notes of Decision

Free Appropriate Public Education (FAPE)

By adopting the Federal regulations relating to assistance to states for education of children with disabilities, Pennsylvania seeks to ensure all children with disabilities the right to a free appropriate public education (FAPE). Delaware Valley School District v. Daniel G., 800 A.2d 989 (Pa. Cmwlth. 2002).