RULES AND REGULATIONS
DEPARTMENT OF EDUCATION
[22 PA. CODE CH. 711]
Charter School Services and Programs for Children with Disabilities
[31 Pa.B. 3033] The Department of Education (Department) adds Chapter 711 (relating to charter school services and programs for children with disabilities) to read as set forth in Annex A, under the authority of sections 1701-A--1732-A of the Public School Code of 1949 (24 P. S. §§ 17-1701-A--17-1732-A) (act).
Notice of proposed rulemaking was published at 30 Pa.B. 3463 (July 8, 2000) with an invitation to submit written comments. In addition, a notice was published at 30 Pa.B. 5290 (October 14, 2000) providing an opportunity for additional public input.
Purpose
Under section 1732-A(c)(2) of the act (24 P. S. § 17-1732-A(c)(2)), the Secretary has the authority and the responsibility to ensure that charter schools comply with Federal laws and regulations governing children with disabilities, and further provides that the Secretary shall promulgate regulations to implement this provision. The missions, programs and curricula of charter schools are to promote the inclusion of all children.
Requirements of the Regulations
These final-form regulations define terms related to special education for charter schools and outline the Department's authority in its duties to assure charter schools' compliance with the Federal laws, regulations and court decrees as they apply to children with disabilities. These regulations adopt provisions of specific Federal law (IDEA/504) that apply to special education in charter schools.
Response to Comments
Adoption by reference--Public commentators, House and Senate Education Committees and the Independent Regulatory Review Commission (IRRC), recommended that the appropriate text of the Federal regulations from 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities) be incorporated in the text of these final-form regulations. Early in its work to develop these final-form regulations, the Department determined that doing so would lead to unnecessarily lengthy regulations and lead to possible discrepancies between Federal intent and State intent. As a result, these final-form regulations were drafted to incorporate Federal regulations by reference, adding in those areas where the Federal rules require greater detail, when the Commonwealth's statutes or court decisions require specific language and when practices in this Commonwealth are different from those found in other jurisdictions. Federal regulations are adopted by reference in many regulations of the Commonwealth. The Department has and will continue to develop publications and other media to inform parents, teachers and administrators of their rights and responsibilities under both Federal and State statutes and regulations in regard to children with disabilities.
Section 711.1 (relating to definitions)
In response to comments from the public, House and Senate Education Committees and IRRC, several changes were made to the definitions in the final-form regulations. The term ''at risk student'' was deleted, the statutory definition for ''charter school'' was included, and the definitions for ''regional charter school'' and ''school entity'' were added in this final-form rulemaking. Clarification was made that charter schools are exempt from Chapter 14 (relating to special education services and programs).
Section 711.3 (relating to incorporation of Federal regulations).
Public commentators, House and Senate Education Committees and IRRC recommended changes to clarify that charter schools have duties under both 34 CFR Part 300 and section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794) and its implementing regulations in 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving federal financial assistance). The final-form regulations were changed to clarify the provisions under both 34 CFR Parts 104 and 300 as described in § 711.2 (relating to purpose and intent) and § 711.3. It was also suggested that § 711.3 be expanded to include additional applicable provisions of Federal regulations. This section was amended to include 34 CFR 300.3, 300.121--300.125, 300.138--300.139, 300.401 and 300.574(a) and (b).
Section 711.4 (relating to supervision)
Public commentators and IRRC recommended this section be expanded to clarify how the Department will meet its obligation of monitoring activities. This section was revised accordingly.
Section 711.6 (relating to annual report)
Public commentators and IRRC suggested the annual report include additional information similar to that provided by school districts. Changes to the final-form rulemaking were made to clarify the specific information that charter schools will be required to include in their annual report.
Section 711.7 (relating to enrollment)
Public commentators and IRRC recommended clarification of the phrase ''reasonable criteria.'' This subsection was revised to remove the language that was vague and redundant. Specifying the criteria or categories of criteria would be difficult because each charter school establishes a unique educational program.
Section 711.8 (relating to education records)
Public commentators and IRRC suggested a change to ensure that: (a) all records are transferred; and (b) confidentiality is maintained. The final-form rulemaking was amended accordingly.
Section 711.21 (relating to child find)
Public commentators and IRRC recommended this section be modified to be consistent with Federal regulations specifically 34 CFR 300.125(a)(i) (relating to child find). The final-form rulemaking was changed to add the word ''located'' to be consistent with Federal regulations.
Section 711.22 (relating to reevaluation)
Because provisions on evaluation have been adopted by reference, evaluation was removed from the title of this section. Public commentators and IRRC suggested that this section didn't include the requirements of PARC v. Commonwealth, 343 F. Supp. 279 (1972) consent decree for students with mental retardation to be reevaluated every 2 years. Language was added on the final-form rulemaking regarding the right of parents and teachers to request reevaluation of a student with a disability at any time.
Section 711.61 (relating to suspension and expulsion)
Public commentators, the House and Senate Education Committees and IRRC suggested that this section was incomplete in identifying the requirements under 34 CFR 300.520--300.529. As a result, this section was modified accordingly and the citations to the Federal regulations added to § 711.3.
Section 711.62 (relating to procedural safeguards)
Public commentators and IRRC recommended that mediation be included as an option for dispute resolution. Although provisions for mediation are adopted by reference, language was added to this final-form rulemaking to highlight its availability. IRRC requested that the term ''without delay'' be replaced by a specific time frame. This final-form rulemaking was amended accordingly.
Cost and Paperwork Estimates
These final-form regulations will ensure compliance with the Federal laws, regulations and court decrees as they apply to children with disabilities while not adding to the cost of providing special education services in charter schools. Charter schools are local education agencies that must provide a Free Appropriate Public Education (FAPE) to all who enroll. The missions and programs of charter schools are diverse, often allowing children to make educational progress without special education services. By following Federal statutes, regulations and court decrees, charter schools have the opportunity to minimize redundant paperwork and reroute their financial resources toward programs and services for children who need them. Because charter schools are local education agencies that are supervised by the Department, they will have access to systems already created and developed by the Department and therefore will not need to create and develop their own. Charter schools will be able to access staff training through the Department's training and technical assistance network and intermediate units. Charter schools and parents will have access to the due process and complaint system that has already been developed by the Department to resolve conflicts. Reliance upon proven systems already in place will reduce the cost and paperwork associated with the staff development and complaint management systems that are required for compliance with the Federal laws, regulations and court decrees as they apply to children with disabilities.
Effective Date
These final-form regulations will become effective upon final publication in the Pennsylvania Bulletin.
Sunset Date
The Department will review the effectiveness of Chapter 711 every 4 years; therefore, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 27, 2000, the Department submitted a copy of the regulations published at 30 Pa.B. 3463, to IRRC and to the Chairpersons of the House and Senate Committees on Education.
In compliance with section 5(c) of the Regulatory Review Act, the Department also provided IRRC and the Committees with copies of the comments received as well as other documentation. In preparing these final-form regulations, the Department has considered the comments received from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), the final-form regulations were deemed approved by the Senate Education Committee and approved by the House Education Committee on February 14, 2001. IRRC met on March 8, 2001, and approved the final-form regulations in accordance with section 5.1(e) of the Regulatory Review Act.
Contact Person
The official responsible for information on these final-form regulations is Dr. Dale Baker, Department of Education, Office of Educational Initiatives, 333 Market Street, Harrisburg, PA 17126-0333, at (717)-705-0930 or TDD at (717)-783-8445.
Findings
The Department finds that:
(1) Public notice of the intention to adopt these final-form regulations was given under sections 201 and 202 of the act of July 31,1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The final-form regulations are necessary and appropriate for the administration of the act.
Order
The Department, acting under the authorizing statute, orders that:
(a) The regulations of the Department, 22 Pa. Code, are amended by adding §§ 711.1--711.9, 711.21, 711.22, 711.41--711.44 and 711.61 and 711.62 to read as set forth in Annex A.
(b) The Secretary will submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order is effective upon final publication in the Pennsylvania Bulletin.
CHARLES B. ZOGBY,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 31 Pa.B. 1647 (March 26, 2001).)
Fiscal Note: Fiscal Note 6-269 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 22. EDUCATION
PART XX. CHARTER SCHOOLS
CHAPTER 711. CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES GENERAL PROVISION AND SUPERVISION
Sec.
711.1. Definitions. 711.2. Purposes and intent. 711.3. Incorporation of Federal regulations. 711.4. Supervision. 711.5. Personnel. 711.6. Annual report. 711.7. Enrollment. 711.8. Education records. 711.9. Payments. IDENTIFICATION AND EVALUATION
711.21. Child find. 711.22. Reevaluation. IEP
711.41. IEP. 711.42. Transportation. 711.43. Educational placement. 711.44. ESY. PROCEDURAL SAFEGUARDS
711.61. Suspension and expulsion. 711.62. Procedural safeguards.
GENERAL PROVISION AND SUPERVISION § 711.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Charter School Law (24 P. S. §§ 17-1701-A--17-1732-A).
Charter school--An independent public school established and operated under a charter from the local board of school directors and in which students are enrolled or attend. A charter school shall be organized as a public, nonprofit corporation. Charters may not be granted to any for-profit entity.
Child with a disability--As defined in 34 CFR 300.7 (relating to child with a disability).
Department--The Department of Education of the Commonwealth.
ESY--Extended school year.
FAPE--Free appropriate public education.
IDEA--Individuals with Disabilities Education Act (20 U.S.C.A. §§ 1400--1485).
IEP--Individualized education program.
Regional charter school--An independent public school established and operated under a charter from more than one local board of school directors and in which students are enrolled or attend.
SEA--State education agency--The Department of Education of the Commonwealth.
School entity--A school district, intermediate unit, joint school or area vocational technical school.
Secretary--The Secretary of the Department.
Section 504--Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.A. § 794).
§ 711.2. Purposes and intent.
(a) This chapter specifies how the Commonwealth, through the Department, will meet its obligation to ensure that charter schools comply with the IDEA and its implementing regulations in 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities), and Section 504 and its implementing regulations in 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving federal financial assistance).
(b) This chapter does not prevent a charter school and a school district from entering into agreements regarding the provision of services and programs to comply with this chapter, whether or not the agreements involve payment for the services and programs by the charter school.
(c) Charter schools are exempt from Chapter 14 (relating to special education. See 24 P. S. § 17-1732-A.
§ 711.3. Incorporation of Federal regulations.
(a) Charter schools assume the duty to ensure that a FAPE is available to a child with a disability in compliance with the IDEA and its implementing regulations in 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities) and section 504 and its implementing regulations in 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving federal financial assistance).
(b) The requirements of 34 CFR Part 300 are incorporated by reference as follows:
(1) 300.3 (relating to regulations that apply).
(2) 300.4--300.26.
(3) 300.28 and 300.29 (relating to supplementary aids; and transition services).
(4) 300.121--300.125.
(5) 300.138 (relating to participation in assessments).
(6) 300.139 (relating to reports relating to assessments).
(7) 300.300 (relating to provision of FAPE).
(8) 300.302--300.309.
(9) 300.312 and 300.313 (relating to children with disabilities in public charter schools; and children experiencing developmental delays).
(10) 300.320 and 300.321 (relating to initial evaluations; and reevaluations).
(11) 300.340 (relating to definitions related to IEPs).
(12) 300.342--300.346.
(13) 300.347(a) and (b) (relating to content of IEP).
(14) 300.348--300.350 (relating to agency responsibilities for transition services; private school placements by public agencies; and IEP accountability).
(15) 300.401 (relating to responsibility of State educational agency).
(16) 300.403 (relating to placement of children by parents if FAPE is at issue).
(17) 300.500--300.515.
(18) 300.519--300.529.
(19) 300.531--300.536.
(20) 300.540--300.543.
(21) 300.550--300.553.
(22) 300.560--300.573.
(23) 300.574 (a) and (b) (relating to children's rights).
(24) 300.576 (relating to disciplinary information).
(c) The requirements of 34 CFR Part 104 are incorporated by reference as follows:
(1) 104.3(f), (h)--(j), (k)(2) and (l) (relating to definitions).
(2) 104.4--104.8.
(3) 104.10 (relating to effect of state or local law or other requirements and effect of employment opportunities).
(4) 104.11 and 104.12 (relating to discrimination prohibited; and reasonable accommodation).
(5) 104.21--104.37.
§ 711.4. Supervision.
(a) The Commonwealth, through the Department will provide general supervision of special education services and programs provided under this chapter to ensure that charter schools comply with § 711.3 (relating to incorporation of Federal regulations).
(b) The Department will supervise charter schools' compliance with the IDEA in accordance with the policies and procedures in the Department's IDEA grant application under 34 CFR 300.110 (relating to condition of assistance) and as approved by the United States Department of Education.
(c) Charter schools shall:
(1) Comply with the Department's compliance monitoring requirements.
(2) Provide all information requested by the Department.
(3) Complete all corrective action required by the Department.
§ 711.5. Personnel.
Persons who provide special education or related services to children with disabilities in charter schools shall have appropriate certification, notwithstanding section 1724-A of the act (24 P. S. § 17-1724-A).
§ 711.6. Annual report.
(a) The annual report required under section 1728-A(b) of the act (24 P. S. § 17-1728-A(b)) shall include:
(1) The number of children with disabilities in special education.
(2) The services, programs and resources being implemented by the charter school staff.
(3) The services and programs utilized by the charter school through contracting with another public agency, other organizations or individuals.
(4) The services and programs utilized by the charter school through the assistance of the intermediate unit in which the charter school is located under section 1725-A(a)(4) of the act (24 P. S. § 17-1725-A(a)(4)).
(5) Staff training in special education utilized by the charter school through the Department's training and technical assistance network and intermediate unit.
(b) The annual report shall include an assurance that the charter school is in compliance with Federal laws and regulations governing children with disabilities and the requirements of this chapter.
(c) The annual report shall include the age and type of exceptionality for each enrolled child with a disability; the level of intervention provided to each child with a disability; certification of staff providing services to each child with a disability; and programs and services available to children with a disability.
§ 711.7. Enrollment.
(a) A charter school may not deny enrollment or otherwise discriminate in its admission policies or practices on the basis of a child's disability or the child's need for special education or supplementary aids or services.
(b) Subject to subsection (a), a charter school may limit admission to a particular grade level or areas of concentration of the school such as mathematics, science or the arts. A charter school may establish reasonable criteria to evaluate prospective students which shall be outlined in the school charter.
(c) A charter school may not discriminate in its admission policies or practices on the basis of intellectual ability. Admission criteria may not include measures of achievement or aptitude.
§ 711.8. Education records.
(a) When the educational records for a child with a disability are transferred from a public agency, private school, approved private school or private agency, to a charter school, the public agency, private school, approved private school or private agency from which the child transferred shall forward all of the child's educational records, including the most recent IEP, within 10 days after the public agency, private school, approved private school or private agency is notified in writing that the child is enrolled in a charter school.
(b) When the educational records for a child with a disability are transferred to a public agency, private school, approved private school or private agency from a charter school, the charter school shall forward the child's educational records, including the most recent IEP, within 10 school days after the charter school is notified in writing that the child is enrolled at another public agency, private school, approved private school or private agency.
(c) Charter schools shall maintain educational records for children with disabilities consistent with the regulations for the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. §§ 1221 note and 1232g) in 34 CFR Part 99 (relating to family educational rights and privacy).
§ 711.9. Payments.
(a) The child's school district of residence shall provide the special education payment required by section 1725-A(a)(3) of the act (24 P. S. § 17-1725-A(a)(3)) to the charter school either when:
(1) A child with an IEP from a school entity in this Commonwealth begins attending the charter school.
(2) The charter school has identified an enrolled child as a child with a disability under the IDEA, has developed an IEP for the child, and notifies the district of residence of the identification.
(b) When a child for whom a charter school received the special education payment required under section 1725-A(a)(3) of the act enrolls in another public agency, private school or private agency in this Commonwealth, the charter school shall immediately inform the child's school district of residence that its payment responsibilities under section 1725-A(a)(3) of the act have ceased.
IDENTIFICATION AND EVALUATION § 711.21. Child find.
(a) To enable the Commonwealth to meet its obligations under 34 CFR 300.125 (relating to child find), each charter school shall establish written policies and procedures to ensure that all children with disabilities that are enrolled in the charter school, and who are in need of special education and related services, are identified, located and evaluated.
(b) Each charter school's written policy shall include:
(1) Public awareness activities sufficient to inform parents of children applying to or enrolled in the charter school of available special education services and programs and how to request those services and programs.
(2) Systematic screening activities that lead to the identification, location and evaluation of children with disabilities enrolled in the charter school.
§ 711.22. Reevaluation.
(a) The parent or teacher of a child with a disability has the right under 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities) to request a reevaluation at any time.
(b) Charter schools shall reevaluate students with disabilities at least once every 3 years.
(c) Children with disabilities who are identified as mentally retarded shall be reevaluated at least once every 2 years.
IEP § 711.41. IEP.
When a child with an IEP transfers to a charter school from another public agency, private school, approved private school or private agency in this Commonwealth, the charter school is responsible upon enrollment for ensuring that the child receives special education and related services in conformity with the IEP, either by adopting the existing IEP or by developing a new IEP for the child in accordance with the requirements of the IDEA.
§ 711.42. Transportation.
(a) A child with a disability who resides in the school district in which the charter school is located, or who is a resident of a school district which is part of a regional charter school, shall be provided transportation to the charter school on the same terms and conditions as transportation is provided to students attending the schools of the district. Nonresident students shall be provided transportation under section 1361 of the Public School Code of 1949 (24 P. S. § 13-1361).
(b) This chapter does not prohibit a charter school and a school district from entering into agreements regarding the provision of transportation as a related service or accommodation to children with disabilities.
§ 711.43. Educational placement.
When the IEP team at a charter school places a child in another public agency, private school, or private agency, and the parents choose to keep their child enrolled in the charter school, the charter school is obligated to pay for that placement.
§ 711.44. ESY.
To implement 34 CFR 300.309 (relating to day; business day; school day), the State ESY Standards are as follows:
(1) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Recoupment--Recovery of skills or behavioral patterns, or both, specified on the IEP to a level demonstrated prior to the interruption of educational programming.
Regression--Reversion to a lower level of functioning evidenced by a measurable decrease in the level of skills or behaviors which occur as the result of an interruption in educational programming.
(2) A child with disabilities is entitled to ESY services if regression caused by interruption in educational programming and limited recoupment capacity, or other factors, makes it unlikely that the student will maintain skills and behavior relevant to established IEP goals and objectives.
(3) Factors such as those listed in this section shall be considered by the IEP teams whenever relevant, but no single factor is determinative of need for ESY services.
(4) Factors in addition to recoupment and regression include:
(i) The extent to which the student has mastered and consolidated an important skill or behavior at the point when educational programming would be interrupted.
(ii) The extent to which a skill or behavior is particularly crucial to reaching the goals of self-sufficiency and independence from caretakers.
(iii) The extent to which successive interruptions in educational programming reduce a student's motivation and trust and may lead to an irreversible withdrawal from the learning process.
(5) Charter schools are responsible for considering the need for ESY services for each eligible student, including each student placed by the charter school in an approved private school or other placement site not operated by the charter school.
(6) Consideration of the need for ESY services shall occur at the IEP team meeting to be convened annually, or more frequently if conditions warrant consistent with Federal requirements in 34 CFR 300.343(c) (relating to IEP meetings). Consideration means that ESY services are raised and discussed at the IEP team meeting. In making a determination that a student is eligible for ESY services, the IEP team shall rely on criteria in this section and applicable judicial decisions.
(7) The need for ESY services is most applicable to students with disabilities that are thought of as severe (that is, students with autism/pervasive developmental disorder, serious emotional disturbance, severe levels of mental retardation, degenerative impairments with mental involvement and severe multiple disabilities) and to IEP goals that are associated with self-sufficiency and independence from caretakers. IEP teams may not limit their consideration of need for ESY services to students with particular types or degrees of disability, particular student goals, particular methods of programming provided during the regular school term, or the availability of retrospective data on regression and recoupment.
(8) ESY services shall be designed to maintain skills and behaviors established in IEP goals and objectives.
(9) Reliable sources of information regarding a student's educational needs, propensity to progress, recoupment potential and year-to-year progress may include the following:
(i) Progress on goals in consecutive IEPs.
(ii) Progress reports maintained by educators, therapists and others having direct contact with the student before and after interruptions in the education program.
(iii) Reports by parents of negative changes in adaptive behaviors or in other skill areas.
(iv) Medical or other agency reports indicating degenerative-type difficulties, which become exacerbated during breaks in educational services.
(v) Observations and opinions by educators, parents and others.
(vi) Results of tests including criterion-referenced tests, curriculum-based assessments, ecological life skills assessments and other equivalent measures.
(10) Documentation that ESY services have been considered shall be made on each eligible student's IEP. When determined to be necessary by the IEP team, ESY services shall be reflected on a student's IEP.
(11) The need for ESY services will not be based on any of the following:
(i) The desire or need for day care or respite care services.
(ii) The desire or need for a summer recreation program.
(iii) The desire or need for other programs or services which, while they may provide educational benefit, are not required to ensure the provision of FAPE.
PROCEDURAL SAFEGUARDS § 711.61. Suspension and expulsion.
(a) For purposes of this chapter, the terms ''suspension'' and ''expulsion'' have the meanings as set forth in § 12.6 (relating to exclusions from school).
(b) Charter schools shall comply with Chapter 12 (relating to students) and 34 CFR 300.519--300.529.
(c) Any removal from the current educational placement is a change of placement for a student who is identified with mental retardation.
(d) When a child with a disability has been expelled from a charter school, the charter school shall provide the child with a disability with the education required under § 12.6(e) until the charter school is notified in writing that the child is enrolled in another public agency, private school, approved private school or private agency.
§ 711.62. Procedural safeguards.
(a) The charter school shall ensure that procedures are established and implemented to allow parties to disputes regarding any matter described in 34 CFR 300.503(a)(1) (relating to prior notice by the public agency; content of notice), to resolve the dispute through a mediation process that, at a minimum, must be available whenever a hearing is requested under 34 CFR 300.507 or 300.520--300.528.
(b) The following apply to coordination services for special education and Section 504 hearings and to hearing officers and appellate hearing officers:
(1) The Secretary may contract for coordination services in support of hearings conducted by local charter schools. The coordination services shall be provided on behalf of charter schools and may include arrangements for stenographic services, arrangements for hearing officer services, scheduling of hearings and other functions in support of procedural consistency and the rights of the parties to hearings.
(2) If a charter school chooses not to utilize the coordination services under paragraph (1), it may conduct hearings independent of the services if it has obtained the Secretary's approval of procedures that similarly provide for procedural consistency and ensure the rights of the parties. In the absence of approval, a charter school which receives a request for an impartial due process hearing shall forward the request within 5 days of its receipt to the entity providing coordination services under paragraph (1).
(3) The Secretary will contract for the services of panels of appellate hearing officers and may compensate appellate hearing officers for their services. The compensation does not cause the appellate hearing officers to become employees of the Department.
(4) Neither a hearing officer nor an appellate hearing officer may be an employee or agent of a school entity in which the parents or student or young child resides, or of an agency which is responsible for the education or care of the student or young child. A hearing officer or appellate hearing officer shall promptly inform the parties of a personal or professional relationship the officer has or has had with any of the parties.
[Pa.B. Doc. No. 01-1031. Filed for public inspection June 8, 2001, 9:00 a.m.]
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