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
The provisions of this § 14.102 amended under
sections 1372 and 2603-B of the Public
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