22 Pa. Code § 15.11 - Rules of construction
(a) The
full description of substantive responsibilities of school entities is set
forth in Section 504 and the Section 504 regulations at 34 CFR Part 104
(relating to nondiscrimination on the basis of handicap in programs and
activities receiving or benefitting from federal financial assistance) and not
in this chapter.
(b) Eligible and
thought to be eligible students continue to be governed by Chapter 14 (relating
to special education services and programs), except for the provisions of
§
15.10 (relating to discrimination
claims).
(c) It is not the purpose
of this chapter to preempt, create, supplant, expand or restrict the rights or
liabilities of protected handicapped students or school entities beyond what is
contemplated by Section 504, the Section 504 regulations at 34 CFR Part 104 or
another law. This chapter does not restrict or limit a parent, protected
handicapped student , school entity or the Commonwealth from pursuing claims or
defenses available, whether constitutional, statutory, regulatory or common
law. This chapter does not restrict or limit a protected handicapped student or
school entity from filing a cognizable action, appellate or original in nature,
to resolve a dispute under Section 504 or the Federal Section 504 regulations.
This chapter does not increase or diminish the jurisdiction of any
court.
(d) It is not the intent of
the Board that this chapter be interpreted as influencing, in either the
plaintiff's or defendant's favor, the disposition of a particular civil action.
However, this chapter is intended to have the force of law and to be so
interpreted by the courts.
Notes
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