Authority
The provisions of this Chapter 14 issued under sections 502, 925, 1001, 1002, 1052, 1054—1060, 1066—1068, 1142, 1146, 1162, 1326—1330, 1371—1382, 1401—1422, 2509—2510.1, 2541 and 2601-B—2606-B of the Public School Code of 1949 (24 P. S. § § 5-502, 9-925, 10-1001, 10-1002, 10-1052, 10-1054—10-1057, 10-1059—10-1060, 10-1066—10-1068, 11-1142, 11-1146, 11-1162, 13-1326—13-1330, 13-1371—13-1382, 14-1401—14-1422, 25-2509—25-2510.1, 25-2541 and 26-2601-B—26-2606-B), unless otherwise noted.
Source
The provisions of this Chapter 14 adopted June 15, 1990, effective July 1, 1990, 20 Pa.B. 3339, unless otherwise noted.
Notes of Decisions
Appropriate Educational Placement
In failing to implement the evaluation, notice and other procedural requirements under the Individuals with Disabilities Education Act (20 U.S.C.A. § 1400 et seq.), and this chapter, the school district failed to provide an appropriate educational placement, as required by 20 U.S.C.A. § 1412, after it was notified of these students’ potentially handicapping conditions. Therefore, compensatory education and reimbursement for out-of-pocket expenses were appropriately granted. Punxsutawney Area Sch. Dist. v. Kanouff, 663 A.2d 831 (Pa. Cmwlth. 1995).
The purpose of this chapter is to specify how the Commonwealth will meet its obligation to both suspected and identified exceptional students and to provide appropriate, quality education services. That obligation entails an evaluation and screening process, including a multidisciplinary evaluation, which is mandated by both state and Federal law. Thereafter, the school district must develop a written plan for the appropriate education for the student, which must be in the least restrictive environment, in order to guarantee a free appropriate public education to the child. Punxsutawney Area Sch. Dist. v. Kanouff, 663 A.2d 831 (Pa. Cmwlth. 1995).
Evidence
It was not within the district court’s discretion to reject the parents’ offer of additional evidence without even evaluating it for its admissibility where the parents claimed that the child was mentally gifted but afflicted with a specific learning disability that thereby entitled the child to special education. However, because at least some of the parents’ proffered additional evidence was acquired after the school district’s decision regarding the child’s need for special education, such evidence should be examined carefully and may be considered only with respect to the reasonableness of the district’s decision at the time it was made. Of course, this caveat does not mean that the court cannot exclude evidence that could have been available when the school district made its decision. Susan N. v. Wilson School District, 70 F.3d 751 (3d Cir. Pa. 1995).
Exhaustion of Remedies
Where relief is available under the administrative process, a plaintiff must first utilize the available administrative process, even if the remedies available are not the remedies desired. Lindsley v. Girard School District, 213 F. Supp.2d 523 (W. D. Pa. 2002).
Private School Education
The Individuals with Disabilities Education Act (20 U.S.C.A. § 1400 et seq.), and these regulations, emphasize procedural safeguards to ensure parental participation in the administrative process; thus, the due process hearing also required cannot suffice for the school district’s earlier failures to follow the statutorily mandated procedures and provide appropriate placement as required by the law. Punxsutawney Area Sch. Dist. v. Kanouff, 663 A.2d 831 (Pa. Cmwlth. 1995).
Upon turning 3 years old, a minor child with a pervasive development disorder was entitled to remain in an educational program at a private school, even though the public school developed appropriate education programs, when the public school failed to provide appropriate public education at the beginning of the school year. Delaware County Intermediate Unit No. 25 v. Martin K., 831 F. Supp. 1206 (E. D. Pa. 1993).
Cross References
This chapter cited in 22 Pa. Code § 4.31 (relating to vocational-technical education); 22 Pa. Code § 4.51 (relating to State assessment system); 22 Pa. Code § 11.27 (relating to graduation); 22 Pa. Code § 12.1 (relating to free education and attendance); 22 Pa. Code § 15.2 (relating to definitions); 22 Pa. Code § 15.8 (relating to procedural safeguards); 22 Pa. Code § 15.10 (relating to discrimination claims); 22 Pa. Code § 15.11 (relating to rules of construction); 22 Pa. Code § 16.7 (relating to special education); 22 Pa. Code § 16.31 (relating to general); 22 Pa. Code § 171.15 (relating to evaluation); 22 Pa. Code § 171.16 (relating to assignment); 22 Pa. Code § 171.18 (relating to withdrawal); 22 Pa. Code § 171.23 (relating to application for approved private school status); 22 Pa. Code § 181.4 (relating to free public education); 22 Pa. Code § 405.2 (relating to definitions); 22 Pa. Code § 711.2 (relating to purposes and intent); and 55 Pa. Code § 3800.229 (relating to education).
