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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 14. Special Education Services and Programs |
Section 14.1. [Reserved]
The provisions of this § 14.1 adopted June 15, 1990, effective July 1, 1990, 20 Pa.B. 3339; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4830; amended December 18, 1992, effective December 19, 1992, 22 Pa.B. 6030; amended January 7, 1993, effective January 8, 1993, 23 Pa.B. 144; amended February 20, 1998, effective February 21, 1998, 28 Pa.B. 1002; amended December 8, 2000, effective December 9, 2000, 30 Pa.B. 6330; reserved June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021. Immediately preceding text appears at serial pages (271464) to (271470).
Notation
Exceptional Child
One of the goals of the Department of Education is to provide all exceptional children in this Commonwealth with an ‘‘appropriate’’ educational program, as defined by Department regulations. Veschi v. Northwestern Lehigh School District, 772 A.2d 469, 1037 (Pa. Cmwlth. 2001); appeal denied 788 A.2d 382 (Pa. 2001).
Individual suffering from Down’s Syndrome and cerebral palsy qualifies for ‘‘exceptional’’ child status under this regulation. Drinker v. Colonial Sch. Dist., 888 F. Supp. 674 (E. D. Pa. 1995); affirmed and remanded 78 F.3d 859 (3rd. Cir. 1996).
Regular Education Environment
The Special Education Due Process Appeals Panel of the Department of Education exceeded its authority in fashioning a remedy that requires college-level instruction and private tutoring, where, as applied to the gifted child, compensatory education is limited to education available within the curriculum of the school district. Brownsville Area School District v. Student X, 729 A.2d 198 (Pa. Cmwlth. 1999); appeal denied 745 A.2d 1225 (Pa. 1999).
School District Cooperation
A school district is not required to create a Life Skills Support program within its own district; thus, sending a student to a nearby school district satisfied the requirements of the Individuals with Disabilities Act. Cheltenham School District v. Joel P. ex rel. Suzanne P., 949 F. Supp. 346 (E. D. Pa. 1996); affirmed 135 F.3d 763 (3rd Cir. 1997).
Transportation for Special Education Students
A school district is not obligated to provide transportation for a special education student to and from the residence of both the student’s father and mother when the father resides outside the boundaries of the district. North Allegheny School District v. Gregory, 687 A.2d 37 (Pa. Cmwlth. 1996); appeal denied 702 A.2d 1062 (Pa. 1997).
School district boundaries are not determinative of a district’s obligation to meet a particular request for transportation as a related service. Clearly, when necessary to some integral part of the student’s special educational needs, a district must provide related services even where this imposes a substantial burden on the district. North Allegheny School District v. Gregory, 687 A.2d 37 (Pa. Cmwlth. 1996).