 |
Pennsylvania Code (Last Updated: April 5, 2016) |
 |
Title 22. EDUCATION |
|
PART I. State Board of Education |
|
Subpart A. Miscellaneous Provisions |
|
Chapter 13. [Reserved] |
Section 13.32. [Reserved]
The provisions of this § 13.32 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 December 16, 1977, effective December 17, 1977, 7 Pa.B. 3783; reserved June 15, 1990, effective July 1, 1990, 20 Pa.B. 3339. Immediately preceding text appears at serial pages (117066), (74611) to (74612) and (114199) to (114200).
Notation
Burden of Proof
Under paragraph (15) the school district had the burden of showing the discontinuance of student’s eligibility for extended school year programming was supported by substantial evidence. Conway v. Wilburn, 488 A.2d 92 (Pa. Cmwlth. 1985).
Due Process
22 Pa. Code § 13.31(b) (relating to opportunity for due process procedures) together with § 13.32(24) (relating to school district 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).
Evaluation
Since the parent did not request the intermediate unit to perform an evaluation of the child under 22 Pa. Code § 13.32(4) (relating to school district initiated due process procedures) and since the current school of the child had supplied evaluation records, the intermediate unit was not obligated to perform another evaluation. Savka v. Department of Education, 403 A.2d 142 (Pa. Cmwlth. 1979).
Hearing Officer
Assignment of a state college professor as a hearing officer does not violate the provisions of 22 Pa. Code § 13.32(12) and does not violate the right to an impartial hearing. Silvio v. Department of Education, 439 A.2d 893 (Pa. Cmwlth. 1982); affirmed 456 A.2d 1366 (Pa. 1983).
Notice
A school is required to give notice to the student and parent only when it is proposing a change in the student’s educational status; the provisions of 22 Pa. Code § 13.32(1) do not apply to students who are merely recommended for consideration as possible candidates for admission to a special program. Lisa H. v. State Board of Education, 447 A.2d 669 (Pa. Cmwlth. 1982); affirmed 467 A.2d 1127 (Pa. 1983).
Requirements
An IEP team cannot require implementation of a plan that imposes requirements beyond those provided in the relevant regulations. Saucon Valley School District v. Robert O., 785 A.2d 1069 (Pa. Cmwlth. 2001).