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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 13.33. [Reserved]
The provisions of this § 13.33 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 (114200) and (98923).
Notation
Confidentiality of Records
Appellants provided no justifiable rationale to substantiate their discovery requests for the school records of other students. The decisions of the Board and trial court to deny access to those records were, therefore, not an abuse of discretion. T. S. v. Penn Manor School District, 798 A.2d 837 (Pa. Cmwlth. 2002).
Due Process Procedures
Parental presentation of written evidence that a child is exceptional or thought to be exceptional is necessary to trigger the right to a school district-initiated program placement conference. Lisa H. v. State Board of Education, 447 A.2d 669 (Pa. Cmwlth. 1982); affirmed 467 A.2d 1127 (Pa. 1983).
22 Pa. Code § 13.31(b) (relating to opportunity for due process procedures) together with § 13.33(7) (relating to parent-initiated due process procedures) and § 13.32(24) (relating to school district initiated due process procedures), confers standing of 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).