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Pennsylvania Code (Last Updated: April 5, 2016) |
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Title 22. EDUCATION |
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PART I. State Board of Education |
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Subpart A. Miscellaneous Provisions |
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Chapter 13. [Reserved] |
Section 13.31. [Reserved]
The provisions of this § 13.31 adopted May 15, 1970; amended November 30, 1973, effective December 1, 1973, 3 Pa.B. 2763; amended June 13, 1975, effective June 14, 1975, 5 Pa.B. 1541; amended June 17, 1977, effective June 18, 1977, 7 Pa.B. 1636; reserved June 15, 1990, effective July 1, 1990, 20 Pa.B. 3339. Immediately preceding text appears at serial pages (117065) to (117066).
Notation
Due Process
Parental presentation of written evidence that a child is exceptional or thought to be exceptional is necessary to trigger the right to request due process procedures. Lisa H. v. State Board of Education, 447 A.2d 669 (Pa. Cmwlth. 1982); affirmed 467 A.2d 1127 (Pa. 1983).
There is nothing in the language of 22 Pa. Code § 13.31(c) which limits the authority of the Secretary such that the Secretary may not delay the date of a child’s transfer to an intermediate unit until the start of the following school year. Savka v. Department of Education, 403 A.2d 142 (Pa. Cmwlth. 1979).
22 Pa. Code § 13.31(b) (relating to opportunity for due process procedures) together with 22 Pa. Code § § 13.32(24) and 13.33(7) (relating to school district initiated due process procedures; and parent-initiated due process procedures), confers standing on parents to litigate matters involving a school district’s obligation to provide their child with an education, even though the child is temporarily committed to the custody of an institution. O’Grady v. Centennial School District, 401 A.2d 1388 (Pa. Cmwlth. 1979).