22 Pa. Code § 14.104 - Special education plans
(a)
Each school district shall develop and implement a special education plan. The
special education plan shall be submitted to the Department for approval every
3 years in accordance with §
4.13(d) (relating
to strategic plans). The Secretary will prescribe the format, content and time
for submission of the special education plan. A school district shall make its
special education plan available for public inspection and comment for a
minimum of 28 days prior to approval of the plan by the school district's board
of directors and submission of the plan to the Department.
(b) Each school district's special education
plan must specify the special education programs that operate in the district
and those that are operated in the district by intermediate units, area
vocational technical schools and other agencies, and it must describe the
following:
(1) Early intervening services
under 34 CFR
300.226 (relating to early intervening
services) and this chapter, if the services are provided by the school
district.
(2) The school district
procedures for complying with the State criteria for identifying children with
specific learning disabilities.
(3)
Examples of supplementary aids and services provided by the school
district.
(4) Access to a full
continuum of educational placements.
(5) Policies and procedures designed to
prevent the inappropriate over-identification or disproportionate
representation by race and ethnicity of chil-dren with disabilities, for those
school districts identified with significant disproportionality in accordance
with 34 CFR
300.646(a) (relating to
disproportionality).
(6) School
district procedures on behavior support services, including a description of
the training provided to staff in the use of positive behavior supports,
de-escalation techniques and appropriate responses to student behavior that may
require immediate intervention.
(7)
Parent training activities provided by the school district.
(c) Each school district's special
education plan must include procedures for the education of all students with
disabilities who are residents of the district, including those receiving
special education in approved private schools and students with disabilities
who are nonresidents placed in private homes or institutions in the school
district under sections 1305, 1306 and 1306.2 of the School Code (24 P.S. §§
13-1305,
13-1306 and
13-1306.2).
(d) Each intermediate unit shall prepare
annually and submit to the Secretary a special education plan specifying the
special education services and programs to be operated by the intermediate
unit, including equitable services provided consistent with
34 CFR
300.130-300.144 and
subsection (b)(2)-(4), (6) and (7). The Secretary will prescribe the format,
content and time for submission of the intermediate units' plans.
(e) Each early intervention agency shall
develop and submit to the Department an early intervention special education
plan every year.
(f) The Department
will approve plans in accordance with the following criteria:
(1) Services and programs are designed to
meet the needs of students identified as children with disabilities within the
school district or intermediate unit or eligible young children within the
early intervention agency.
(2) The
full range of services and programs under this chapter are available to
children with disabilities and eligible young children.
(3) Placement of students with disabilities
in settings other than regular education settings may not be based on lack of
resources, facilities, staff or for administrative convenience.
(4) The plan meets the specifications defined
in this chapter and the format, content and time for submission of the agency
plans prescribed by the Secretary.
(g) Portions of the plans that do not meet
the criteria for approval will be disapproved. Prior to disapproval, Department
personnel will discuss disapproved portions of the plan and suggest
modifications with appropriate intermediate unit or school district personnel.
Portions of the plan that are not specifically disapproved will be deemed
approved.
(h) When a portion of an
intermediate unit, school district or early intervention plan is disapproved,
the Department will issue a notice specifying the portion of the plan
disapproved, and the rationale for the disapproval and the opportunity for a
hearing under
2
Pa.C.S. §§
501-508 and
701-704 (relating to the
Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of
Administrative Practice Procedure). If requested, the Department will convene a
hearing within 30 days after the receipt of the request. The Department will
render a decision within 30 days following the hearing.
(i) Each school entity shall maintain
information concerning students with disabilities, the services provided,
performance and discipline data, as specified by the Secretary, and report
information in a form and at times as required by the Secretary.
Notes
The provisions of this § 14.104 amended under sections 1372, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. §§ 13-1372, 26-2603-B and 26-2604-B).
This section cited in 22 Pa. Code § 4.13 (relating to strategic plans); 22 Pa. Code § 10.23 (relating to response and handling of a student with a disability); 22 Pa. Code Appendix A (relating to model memorandum of understanding); 22 Pa. Code § 14.105 (relating to personnel); and 22 Pa. Code § 14.155 (relating to range of services).
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