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Pennsylvania Code (Last Updated: April 5, 2016) |
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Title 22. EDUCATION |
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PART XVI. Standards |
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Chapter 341. [Reserved] |
Section 341.35. [Reserved]
The provisions of this § 341.35 adopted September 30, 1977, effective October 1, 1977, 7 Pa.B. 2792; reserved June 15, 1990, effective July 1, 1990, 20 Pa.B. 3357. Immediately preceding text appears at serial pages (108518) and (140993) to (140994).
Notation
Peremptory Judgment
Peremptory judgment could be granted for the limited purpose of compelling the Department of Education to discuss plan amendments with an intermediate unit prior to disapproval of those amendments but a peremptory judgment can not be based on the fact that the intermediate unit had not been afforded the right to a hearing after disapproval of plan amendments. Lincoln Intermediate Unit No. 12 v. Department of Education, 553 A.2d 1020 (Pa. Cmwlth. 1989).
Public Records
Special education plans, amendments and related documents with respect to which a Department determination had yet to be made were not ‘‘public records’’ open to public examination under proposals and 65 P. S. § 66.2 and would not become ‘‘public records’’ until such time as the Department’s decision had been made. Pennsylvania Association for Children and Adults with Learning Disabilities v. Department of Education, 498 A.2d 16 (Pa. Cmwlth. 1985).