Section 15.8. Procedural safeguards

(a) Parental request for assistance. Parents may file a written request for assistance with the Department if one or both of the following apply:

(1) The school district is not providing the related aids, services and accommodations specified in the student’s service agreement.

(2) The school district has failed to comply with the procedures in this chapter.

(b) Request resolution. The Department will investigate and respond to requests for assistance and, unless exceptional circumstances exist, will, within 60 calendar days of receipt of the request, send to the parents and school district a written response to the request. The response to the parents’ request shall be in the parents’ native language or mode of communication.

(c) Informal conference. At any time parents may file a written request with the school district for an informal conference with respect to the identification or evaluation of a student, or the student’s need for related aid, service or accommodation. Within 10 school days of receipt of the request, the school district shall convene an informal conference. At the conference, every effort shall be made to reach an amicable agreement.

(d) Formal due process hearing. If the matters raised by the school district or parents are not resolved at the informal conference, the district or parents may submit a request for a hearing. The hearing shall be held before an impartial hearing officer and shall be governed by § 14.64(a)—(l), (n) and (o) (relating to impartial due process hearings) if no issues under Chapter 14 (relating to special education services and programs) are raised for decision in the hearing by the parents, school district or hearing officer. If issues under Chapter 14 are raised for decision in the hearing by the parents, school district or hearing officer, an appeal from the hearing officer’s decision shall be governed also by § 14.64(m).

(e) Stay pending judicial appeals. If, within 60 calendar days of the completion of the administrative due process proceedings under this chapter, an appeal or original jurisdiction action is filed in State or Federal Court, the administrative order shall be stayed pending the completion of the judicial proceedings, unless the parents and school district agree otherwise.

Notation

Cross References

This section cited in 22 Pa. Code § 15.5 (relating to school district initiated evaluation and provision of services); 22 Pa. Code § 15.6 (relating to parent initiated evaluation and provision of services); 22 Pa. Code § 15.7 (relating to service agreement); and 22 Pa. Code § 15.10 (relating to discrimination claims).