22 Pa. Code § 14.102 - Purposes
(a) It is the
intent of the Board that children with disabilities be provided with quality
special education services and programs. The purposes of this chapter are to
serve the following:
(1) To adopt Federal
regulations by incorporation by reference to satisfy the statutory requirements
under the Individuals with Disabilities Education Act ( 20 U.S.C.A.
§§ 1400 - 1482 ) and to ensure that:
(i) Children with disabilities have available
to them a free appropriate public education which is designed to enable the
student to participate fully and independently in the community, including
preparation for employment or higher education.
(ii) Children with disabilities have access
to the general curriculum, and participate in State and local assessments as
established and described in Chapter 4 (relating to academic standards and
assessment).
(iii) Children with
disabilities are educated, to the maximum extent appropriate, with their
nondisabled peers and are provided with supplementary aids and
services.
(iv) School entities
provide access to a full continuum of placement options.
(v) The rights of children with disabilities
and parents of these children are protected.
(vi) The use of early intervening services
promotes students' success in a general education environment.
(2) To adopt, except as expressly
otherwise provided in this chapter, the requirements of 34 CFR Part 300
(relating to assistance to states for the education of children with
disabilities) as published at 71 FR 46540-46845 (August 14, 2006); and amended
at 73 FR 73006-73029 (December 1, 2008). The following sections are
incorporated by reference:
(i)
34 CFR
300.4 -
300.6
(relating to act; assistive technology device; and assistive technology
service).
(ii)
34 CFR 300.8(a) and
(c) (relating to child with a
disability).
(iii)
34 CFR
300.9 -
300.15 (relating to
consent; core academic subjects; day, business day, school day; educational
service agency; elementary school; equipment; and evaluation).
(iv)
34 CFR
300.17 -
300.20 (relating to free
appropriate public education; highly qualified special education teachers;
homeless children; and include).
(v)
34 CFR
300.22 -
300.24
(relating to individualized education program; individualized education program
team; and individualized family service plan).
(vi)
34 CFR
300.27 -
300.30 (relating to
limited English proficient; local educational agency; native language; and
parent).
(vii)
34 CFR
300.32 -
300.37 (relating to
personally identifiable; public agency; related services; scientifically based
research; secondary school; and services plan).
(viii)
34 CFR 300.39
(relating to special education).
(ix)
34 CFR
300.41 -
300.45
(relating to State educational agency; supplementary aids and services;
transition services; universal design; and ward of the State).
(x)
34 CFR
300.101 and
300.102
(relating to free appropriate public education (FAPE); and limitation-exception
to FAPE for certain ages).
(xi)
34 CFR
300.104 -
300.108
(relating to residential placement; assistive technology; extended school year
services; nonacademic services; and physical education).
(xii)
34
CFR 300.113 and
300.114(a)(2)
(relating to routine checking of hearing aids and external components of
surgically implanted medical devices; and LRE requirements).
(xiii)
34 CFR
300.115 -
300.117
(relating to continuum of alternative placements; placements; and nonacademic
settings).
(xiv)
34
CFR 300.122 (relating to
evaluation).
(xvi)
34 CFR
300.148 (relating to placement of children by
parents when FAPE is at issue).
(xvii)
34 CFR
300.160 (relating to participation in
assessments).
(xviii)
34 CFR
300.172 (relating to access to instructional
materials).
(xxix)
34 CFR
300.174 (relating to prohibition on mandatory
medication).
(xx)
34 CFR
300.207 (relating to personnel
development).
(xxi)
34 CFR
300.210 -
300.213
(relating to purchase of instructional materials; information for SEA; public
information; and records regarding migratory children with
disabilities).
(xxii)
34 CFR
300.224 (relating to requirements for
establishing eligibility).
(xxiii)
34 CFR
300.226 (relating to early intervening
services).
(xxv)34 CFR 300.302-300.307(a)(1) and (2) and
(b) (relating to screening for instructional purposes is not evaluation;
reevaluations; evaluation procedures; additional requirements for evaluations
and reevaluations; determination of eligibility; and specific learning
disabilities).
(xxvi)
34 CFR
300.308 -
300.311
(relating to additional group members; determining the existence of a specific
learning disability; observation; and specific documentation for the
eligibility determination).
(xxvii)
34 CFR
300.320 -
300.325
(relating to definition of individualized education program; IEP Team; parent
participation; when IEPs must be in effect; development, review, and revision
of IEP; and private school placement by public agencies).
(xxviii)
34 CFR
300.327 and
300.328
(relating to educational placements; and alternative means of meeting
participation).
(xxix)
34
CFR 300.501 -
300.508
(relating to opportunity to examine records; parent participation in meetings;
independent education evaluation; prior notice by the public agency, content of
notice; procedural safeguards notice; electronic mail; mediation; filing a due
process complaint; and due process complaint).
(xxx)
34 CFR 300.510
- 300.516 (relating to
resolution process; impartial due process hearing; hearing rights; hearing
decisions; finality of decisions, appeal; impartial review; timelines and
convenience of hearings and reviews; and civil action).
(xxxi)
34 CFR
300.518(a), (b) and (d) and
300.519
(relating to child's status during proceedings; and surrogate
parents).
(xxxii)
34 CFR
300.530 -
300.537
(relating to authority of school personnel; determination of setting; appeal;
placement during appeals; protections for children not determined eligible for
special education and related services; referral to and action by law
enforcement and judicial authorities; change of placement because of
disciplinary removals; and state enforcement mechanisms).
(xxxiii)
34 CFR 300.610 -
300.625
(relating to confidentiality; definitions; notice to parents; access rights;
record of access; records on more than one child; list of types and locations
of information; fees; amendment of records at parent's request; opportunity for
a hearing; result of hearing; hearing procedures; consent; safeguards;
destruction of information; and children's rights).
(3) To specify how the Commonwealth will meet
its obligations to suspected and identified children with disabilities who
require special education and related services.
(4) To provide to the Commonwealth, through
the Department, general supervision of services and programs provided under
this chapter.
(b) To
provide services and programs effectively, the Commonwealth will delegate
operational responsibility for school aged students to its school districts to
include the provision of child find duties prescribed by
34
CFR 300.111 (relating to child
find).
Notes
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