[33 Pa.B. 1051]
[Continued from previous Web Page]
PERSONNEL § 4226.51. Provision of service coordination.
(a) As soon as possible after the referral of a child and family to determine eligibility for early intervention services, the county MH/MR program, either directly or through contract, shall assign a service coordinator to the family.
(b) Each child and the child's family shall be provided with one service coordinator who is responsible for serving as the single point of contact in helping the parent to obtain the services and assistance needed and for the activities specified in § 4226.52 (relating to service coordination activities).
§ 4226.52. Service coordination activities.
Service coordination is an active, ongoing process that includes the following activities:
(1) Coordinating the performance of initial and ongoing evaluations and assessments.
(2) Referring at-risk children to the tracking system and tracking at-risk children.
(3) Facilitating and participating in the development, implementation, review and evaluation of IFSPs.
(4) Assisting the family of an infant or toddler with a disability in gaining access to the early intervention services and other services identified on the IFSP.
(5) Facilitating the timely delivery of early intervention services.
(6) Assisting the family in identifying available service providers and facilitating communication with and between the family and the service provider.
(7) Coordinating and monitoring the delivery of early intervention services.
(8) Informing the family of the availability of advocacy services.
(9) Assisting the family in arranging for the infant or toddler with a disability to receive medical and health services, if the services are necessary, and coordinating the provision of early intervention services and other services (such as medical services for other than diagnostic and evaluation purposes) that the infant or toddler needs or is being provided.
(10) Offering the family opportunities and support for the infant or toddler with a disability to participate in community activities with other children.
(11) Informing the family of appropriate community resources.
(12) Facilitating the development of a transition plan as part of the IFSP.
§ 4226.53. Service coordinator requirements and qualifications.
(a) A county MH/MR program shall employ a minimum of one service coordinator directly or through contract.
(b) Before performing service coordination activities, a service coordinator shall demonstrate knowledge and understanding about the following:
(1) At-risk children and infants and toddlers with disabilities.
(2) Part C of IDEA (20 U.S.C.A. §§ 1431--1445) and accompanying regulations (currently codified at 34 CFR Chapter 303 (relating to early intervention program for infants and toddlers with disabilities)), and the Early Intervention Services System Act (11 P. S. §§ 875-101--875-503).
(3) The nature and scope of services available under this chapter and the funding sources available.
(c) A service coordinator shall have one of the following groups of minimum qualifications:
(1) A bachelor's degree from an accredited college or university which includes 12 college credits in early intervention, early childhood special education, early childhood education, child development, special education, family counseling, family studies, social welfare, psychology or other comparable social sciences, and 1 year of full-time or full-time-equivalent experience working with or providing counseling to children, families or individuals with disabilities.
(2) An associate's degree, or 60 credit hours, from an accredited college or university in early intervention, early childhood special education, early childhood education, child development, special education, family counseling, family studies, social welfare, psychology, or other comparable social sciences, and 3 years of full-time or full-time-equivalent experience working with or providing counseling to children, families or individuals with disabilities.
(3) Certification by the Pennsylvania Civil Service Commission as meeting the qualifications of a Caseworker 2 or 3 classification.
§ 4226.54. Early interventionist responsibilities.
An early interventionist is responsible for the following:
(1) Designing the learning environments and activities that promote the acquisition of skills by an infant or toddler with a disability in a variety of developmental areas, including cognitive processes and social interaction.
(2) Providing the family with information, skills and support related to enhancing the skill development of the infant or toddler with a disability.
(3) Working with the infant or toddler with a disability and family to enhance the infant or toddler's development.
§ 4226.55. Early interventionist qualifications.
An early interventionist shall have one of the following groups of minimum qualifications:
(1) A bachelor's degree from an accredited college or university in early intervention, early childhood special education, early childhood education, child development, special education or family studies, and 1 year of full-time or full-time-equivalent experience working directly with preschool children with disabilities and their families or a university-supervised or college-supervised student practicum or teaching experience with young children with disabilities and their families.
(2) A bachelor's degree from an accredited college or university which includes 15 credit hours in early intervention, early childhood special education, early childhood education, child development, special education or family studies; and 1 year of full-time or full-time-equivalent experience working directly with preschool children with disabilities and their families; and demonstrated knowledge, understanding and skills needed to perform the functions specified in § 4226.54 (relating to early interventionist responsibilities).
§ 4226.56. Effective date of personnel qualifications.
Sections 4226.53 and 4226.55 (relating to service coordinator requirements and qualifications; and early interventionist qualifications) apply to service coordinators and early interventionists hired or promoted on and after July 1, 2003.
EVALUATION AND ASSESSMENT § 4226.61. MDE.
(a) Requirements for MDE. The county MH/MR program shall ensure that:
(1) Each child referred for evaluation receives a timely, comprehensive MDE and a family-directed assessment of the needs of the child's family to assist in the development of the child.
(2) The initial MDE is conducted by personnel independent of service provision.
(3) An MDE is conducted for each infant or toddler with a disability at least annually.
(4) A written MDE report is provided to the parent within 30 calendar days of the MDE.
(b) Evaluation and assessment of the child.
(1) The evaluation and assessment of each referred child shall:
(i) Be conducted by personnel trained to utilize evaluation and assessment methods and procedures.
(ii) Be based on informed clinical opinion.
(iii) Include the following:
(A) A review of pertinent records related to the child's current health status and medical history.
(B) An evaluation of the child's level of functioning in each of the developmental areas of cognitive development; physical development, including vision and hearing; communication development; social and emotional development; and adaptive development.
(C) An assessment of the unique needs of the child in terms of each of the developmental areas in clause (B), including the identification of services appropriate to meet those needs.
(2) The annual MDE will include the participation of the family, the service coordinator, anyone whom the parent would like to invite and at least one other qualified professional.
(3) The MDE required by this subsection may be based on review and analysis of existing documentation of medical history, if the parent agrees and the qualified professionals in exercising their judgment conclude that the elements specified in paragraph (1) can be determined through such review and analysis.
(c) Family assessment.
(1) The family assessment shall be family directed and designed to determine the resources, priorities and concerns of the family and to identify the supports and services necessary to enhance the family's capacity to meet the developmental needs of the child.
(2) A family assessment shall be voluntary on the part of the family.
(3) If a family assessment is carried out, the assessment shall:
(i) Be conducted by personnel trained to utilize assessment methods and procedures.
(ii) Be based on information provided by the family through a personal interview.
(iii) Incorporate the family's description of its resources, priorities and concerns related to enhancing the child's development.
(d) Timelines.
(1) Except as provided in paragraph (2), the initial MDE of each child (including the family assessment) shall be completed within sufficient time to enable an IFSP to be developed within the 45-day time period in § 4226.24(g) (relating to comprehensive child find system).
(2) The county MH/MR program shall develop procedures to ensure that if exceptional circumstances make it impossible to complete the initial MDE, including the family assessment, within the timeline specified in paragraph (1) (for example, if a child is ill), the county MH/MR program will do the following:
(i) Document those circumstances in the child's record.
(ii) Develop and implement an interim IFSP consistent with § 4226.76 (relating to provision of services before MDE is completed).
§ 4226.62. Nondiscriminatory procedures.
Each county MH/MR program shall adopt nondiscriminatory procedures for the evaluation and assessment of children and families that ensure, at a minimum, that:
(1) Tests and other evaluation materials and procedures are administered in the native language of the parent, unless it is clearly not feasible to do so.
(2) Assessment and evaluation procedures and materials are selected and administered so as not to be racially or culturally discriminatory.
(3) No single procedure is used as the sole criterion for determining a child's eligibility under this chapter.
(4) Evaluations and assessments are conducted by qualified personnel.
IFSPs § 4226.71. General.
(a) Each county MH/MR program shall adopt policies and procedures regarding IFSPs.
(b) The IFSP shall:
(1) Be developed in accordance with §§ 4226.72 and 4226.73 (relating to procedures for IFSP development, review and evaluation; and participants in IFSP meetings and periodic reviews).
(2) Be based on the evaluation and assessment described in § 4226.61 (relating to MDE).
(3) Include the matters specified in § 4226.74 (relating to content of the IFSP).
(4) Be developed prior to funding source decisions.
(c) The county MH/MR program shall ensure that an IFSP is developed and implemented for each infant or toddler with a disability.
§ 4226.72. Procedures for IFSP development, review and evaluation.
(a) For a child who has been evaluated for the first time and determined to be eligible for early intervention services, a meeting to develop the initial IFSP shall be conducted within the 45-day time period in § 4226.24(g) (relating to comprehensive child find system).
(b) A review of the IFSP for an infant or toddler with a disability and the infant or toddler's family shall be conducted every 6 months, or more frequently if conditions warrant or if the family requests such a review. The review may be conducted by a meeting or by another means, such as conference call or written reports, that is acceptable to the parent and other participants. The purpose of the review is to determine:
(1) The degree to which progress toward achieving the outcomes is being made.
(2) Whether modification or revision of the outcomes or services is necessary.
(c) A meeting shall be conducted at least annually to evaluate the IFSP for an infant or toddler with a disability and the infant or toddler's family and, as appropriate, to revise its provisions. The results of current evaluations conducted under § 4226.61 (relating to MDE), and other information available from the ongoing assessment of the infant or toddler and family, shall be used in determining what services are needed and will be provided.
(d) IFSP meetings shall be conducted as follows:
(1) In settings and at times that are convenient to the family.
(2) In the native language of the parent, unless it is clearly not feasible to do so.
(3) In a manner that ensures that the early intervention services to be provided to an infant or toddler with a disability are selected in collaboration with the parent.
(e) IFSP meeting arrangements shall be made with and written notice provided to, the family and other participants early enough before the meeting date to ensure that they will be able to attend, but no later than 5 days before the scheduled meeting date.
§ 4226.73. Participants in IFSP meetings and periodic reviews.
(a) Each initial meeting and each annual meeting to evaluate the IFSP shall include the following participants:
(1) The parent of the infant or toddler with a disability.
(2) Other family members, as requested by the parent, if feasible to do so.
(3) An advocate or person outside of the family, if the parent requests that the person participate.
(4) The service coordinator who has been working with the family since the initial referral for evaluation, or who has been designated by the county MH/MR program to be responsible for implementation of the IFSP.
(5) A person directly involved in conducting the evaluations and assessments in § 4226.61 (relating to MDE).
(6) Persons who will be providing services to the infant or toddler with a disability or family, as appropriate.
(b) If a person listed in subsection (a)(5) is unable to attend a meeting, arrangements shall be made for the person's involvement through another means, including one or more of the following:
(1) Participating in a telephone conference call.
(2) Having a knowledgeable authorized representative attend the meeting.
(3) Making pertinent records available at the meeting.
(c) Each periodic review shall include the participation of persons listed in subsection (a)(1)--(4). If conditions warrant, provisions shall be made for the participation of other representatives identified in subsection (a).
§ 4226.74. Content of the IFSP.
The IFSP shall be in writing and the standardized format will contain:
(1) Information about the status of the infant or toddler with a disability.
(i) A statement of the present levels of physical development (including vision, hearing and health status), cognitive development, communication development, social or emotional development, and adaptive development of the infant or toddler with a disability.
(ii) The statement in subparagraph (i) shall be based on professionally acceptable objective criteria.
(2) Family information. With the concurrence of the family, a statement of the family's resources, priorities and concerns related to enhancing the development of the infant or toddler with a disability.
(3) Outcomes. A statement of the major outcomes expected to be achieved for the infant or toddler with a disability and the family, and the criteria, procedures and timelines used to determine:
(i) The degree to which progress toward achieving the outcomes is being made.
(ii) Whether modification or revision of the outcomes or services is necessary.
(4) Early intervention services.
(i) A statement of the specific early intervention services necessary to meet the unique needs of the infant or toddler with a disability and the family to achieve the outcomes required in paragraph (3), including:
(A) The frequency, intensity and method of delivering the services.
(B) The natural environments in which early intervention services will be provided and, if a service will be provided in a location other than a natural environment, a justification of the extent to which each service will not be provided in a natural environment and the location in which it will be provided.
(C) The payment arrangements, if any.
(D) The unit cost for each service.
(ii) As used in this section, ''frequency'' and ''intensity'' are the number of days or sessions that a service will be provided, the length of time the service is provided during each session, and whether the service is provided on an individual or a group basis.
(5) Other services.
(i) A statement of medical and other services that the infant or toddler with a disability needs but that are not required under this chapter and of the funding sources to be used to pay for those services, or the steps that will be taken to secure those services through public or private sources.
(ii) The requirement in subparagraph (i) does not apply to routine medical services (for example, immunizations and ''well-baby'' care), unless the infant or toddler with a disability needs those services and the services are not otherwise available or being provided.
(6) Dates; duration of services.
(i) The projected dates for initiation of early intervention services in paragraph (4), which shall be as specified in § 4226.75(b) (relating to implementation of the IFSP).
(ii) If an early intervention service is projected to start later than 14 days after the IFSP is completed as permitted by § 4226.75(b), the date and the reasons for the later date.
(iii) The anticipated duration of early intervention services.
(7) Service coordinator. The identity of the service coordinator who will be responsible for the implementation of the IFSP and coordination with other agencies and persons.
(8) Transition from early intervention services. A statement of the steps to be taken to support the transition of the toddler with a disability to preschool services under Part B of IDEA (20 U.S.C.A. §§ 1411--1419) or other appropriate services, which shall include at least the activities specified in § 4226.77 (relating to transition from early intervention services).
§ 4226.75. Implementation of the IFSP.
(a) To the maximum extent appropriate to meet the needs of the infant or toddler with a disability, as determined by the IFSP team, early intervention services shall be provided in the infant or toddler's natural environments.
(b) Early intervention services shall be initiated as soon as possible after the IFSP is completed at the meeting described in § 4226.72 (relating to procedures for IFSP development, review and evaluation) but no later than 14 calendar days from the date the IFSP is completed, unless a later date is recommended by the team, including the family, based on the needs of the infant or toddler with a disability, or if requested by the family.
§ 4226.76. Provision of services before MDE is completed.
Early intervention services for an infant or toddler with a disability and the infant or toddler's family may commence before the completion of the evaluation and assessment in § 4226.61 (relating to MDE), if the following conditions are met:
(1) Parental consent is obtained.
(2) An interim IFSP is developed that includes the following:
(i) The name of the service coordinator who will be responsible for implementation of the interim IFSP and coordination with other agencies and persons.
(ii) The early intervention services that have been determined to be needed immediately by the infant or toddler with a disability and the infant or toddler's family.
(3) The evaluation and assessment are completed within the time period specified in § 4226.61(d)(1), unless exceptional circumstances exist as set forth in § 4226.61(d)(2).
§ 4226.77. Transition from early intervention services.
(a) The county MH/MR program shall adopt policies and procedures to ensure a smooth transition for toddlers receiving early intervention services to preschool or other appropriate services, which meet the requirements of this section.
(b) For every toddler with a disability, the county MH/MR program shall:
(1) Notify the local educational agency for the area in which the toddler resides that the toddler will shortly reach 3 years of age.
(2) In the case of a toddler who may be eligible for preschool services under Part B of IDEA (20 U.S.C.A. §§ 1411--1419), with the approval of the toddler's family, convene a conference among the county MH/MR program, the family and the local educational agency at least 90 days (and if all parties agree, up to 6 months) before the toddler's third birthday, to discuss services that the toddler may receive.
(3) In the case of a toddler who may not be eligible for preschool services under Part B of IDEA, with the approval of the toddler's family, make reasonable efforts to convene a conference among the county MH/MR program, the family and providers of other appropriate services for toddlers who are not eligible for preschool services under Part B of IDEA, to discuss appropriate services the toddler may receive.
(4) If a toddler's third birthday occurs during the school year, review the program options available to the toddler for the period from the third birthday through the remainder of the school year.
(5) Establish a transition plan in consultation with the toddler's family.
(c) The IFSP team of every toddler with a disability shall take steps to ensure the toddler's smooth transition from early intervention services, which shall include at least the following:
(1) Discussions with, and training of, the toddler's parent regarding future placements and other matters related to the toddler's transition.
(2) Preparation of the toddler for changes in service delivery, including activities to help the toddler adjust to, and function in, a new setting.
(3) With parental consent, transmission of information about the toddler, including evaluation and assessment information and copies of the toddler's IFSPs, to the local educational agency, to ensure continuity of services.
(d) The county MH/MR program shall develop interagency agreements with the local educational agency responsible for providing preschool programs under Part B of IDEA, to ensure coordination on transition matters.
PROCEDURAL SAFEGUARDS § 4226.91. General responsibility for procedural safeguards.
A county MH/MR program is responsible for adopting procedural safeguards that meet the requirements of this chapter, except §§ 4226.101 and 4226.102 (relating to impartial hearing officer; and convenience of proceedings; timelines).
§ 4226.92. Parental consent.
(a) The following requirements apply for parental consent:
(1) The parent shall be fully informed of all information relevant to the activity for which consent is sought, in the parent's native language.
(2) The parent shall be informed and agree in writing to the carrying out of the activity for which consent is sought, and the consent form shall describe that activity and list the records (if any) that will be released and to whom.
(3) The parent shall be informed that the granting of consent is voluntary on the part of the parent and may be revoked at any time.
(b) Written parental consent shall be obtained before:
(1) Conducting the initial evaluation and assessment under § 4226.61 (relating to MDE).
(2) Referring an at-risk child to the tracking system under § 4226.26 (relating to tracking system).
(3) Determining eligibility for Medicaid waiver services in accordance with § 4226.23 (relating to eligibility for Medicaid waiver services).
(4) Initiating or changing early intervention services.
(c) Before an early intervention service is provided or changed, the contents of the IFSP shall be fully explained to the parent. If the parent does not consent to the delivery of a particular early intervention service or withdraws consent after first providing it, that service may not be provided. Those early intervention services to which the parent consented shall be provided. If the parent does not consent to a proposed change that reduces or terminates early intervention services, the requirements of § 4226.103 (relating to status of a child during proceedings) apply.
(d) If the parent does not consent, the county MH/MR program shall make reasonable efforts to ensure that the parent:
(1) Is fully aware of the nature of the evaluation and assessment or the services that would be available.
(2) Understands that the child will not be able to receive the evaluation and assessment or services unless consent is given.
§ 4226.93. Parental right to decline service.
(a) The parent of an infant or toddler with a disability may determine whether to accept or decline any early intervention service offered to the infant or toddler or the family and may decline a service after first accepting it, without jeopardizing the provision of other early intervention services.
(b) The parent of an at-risk child may accept or decline referral of the child to the tracking system under § 4226.26 (relating to tracking system) without jeopardizing the referral at a later time.
§ 4226.94. Opportunity to examine records.
In accordance with the confidentiality procedures in Federal regulations in 34 CFR 300.560--300.576 (relating to confidentiality of information), the parent of a child referred or eligible for tracking or early intervention services shall be afforded the opportunity to inspect and review records relating to evaluations and assessments, eligibility determinations, development and implementation of IFSPs, individual complaints dealing with the child and any other records about the child and the family.
§ 4226.95. Prior notice.
(a) Written prior notice shall be given to the parent of a child referred or eligible for tracking or early intervention services before a county MH/MR program proposes, or refuses, to initiate or change the identification, evaluation or placement of the child, or the provision of early intervention services to the child and the family.
(b) The notice shall be in sufficient detail to inform the parent about the following:
(1) The action that is being proposed or refused.
(2) The reasons for taking the action.
(3) The right to request one or all of the following, including a description of the procedures and rights that apply to each:
(i) Conflict resolution, as described in § 4226.97 (relating to conflict resolution).
(ii) Mediation, as described in § 4226.98 (relating to mediation).
(iii) A due process hearing, as described in § 4226.99 (relating to due process procedures).
(4) The right to file a complaint with the Department, including a description of how to file a complaint and timelines for filing the complaint.
(c) The notice shall be:
(1) Written in language understandable to the general public.
(2) Provided in the native language of the parent, unless it is clearly not feasible to do so.
(d) If the native language of the parent is not a written language, the county MH/MR program shall take steps to ensure that:
(1) The notice is translated orally or by other means to the parent in the parent's native language.
(2) The parent understands the notice.
(3) Written evidence that the requirements of this subsection have been met is maintained in the child's record.
§ 4226.96. Surrogate parents.
(a) Each county MH/MR program shall ensure that the rights of a child referred or eligible for tracking or early intervention services are protected by the appointment of a surrogate parent if one of the following applies:
(1) A parent cannot be identified.
(2) The whereabouts of an identified parent, after reasonable efforts, cannot be discovered.
(3) The child is in the legal custody of a county children and youth agency and one of the following applies:
(i) The birth parents cannot be identified.
(ii) The whereabouts of the birth parents, after reasonable efforts, cannot be discovered.
(iii) The birth parents are deceased and the child has no other parent.
(iv) The parental rights of the birth parents have been terminated and the child has no other parent.
(b) The duty of the county MH/MR program under subsection (a) includes establishing procedures for determining whether the child needs a surrogate parent and assigning a surrogate parent to the child.
(c) In complying with subsection (b), the county MH/MR program shall select a surrogate parent who:
(1) Has no interest that conflicts with the interests of the child the surrogate represents.
(2) Has knowledge and skills that ensure adequate representation of the child.
(3) Is willing to assume the responsibilities of being a surrogate parent.
(4) Is not an employee of an agency or persons providing early intervention services or other services to the child or to any family members of the child.
(5) Is not an employee of any State agency.
(d) A person who otherwise qualifies to be a surrogate parent under subsection (c) is not an employee solely because the surrogate is paid by a public agency to serve as a surrogate parent.
(e) The foster parent of a child in substitute care, who meets the criteria in subsection (c), may serve as a surrogate parent for the child with the approval of the county children and youth agency that has legal custody of the child.
(f) A surrogate parent may represent a child in all matters related to the following:
(1) The evaluation and assessment of the child.
(2) The development and implementation of the child's IFSPs, including annual evaluation and periodic review meetings.
(3) The ongoing provision of early intervention services to the child.
(4) Other rights established under this chapter.
§ 4226.97. Conflict resolution.
(a) The county MH/MR program shall establish a system of conflict resolution whereby parents, providers, as appropriate, or other parties may request a meeting with the county administrative staff to discuss and resolve issues relating to the provision of early intervention services to an infant or toddler with a disability and the infant or toddler's family.
(b) The county MH/MR program shall establish conflict resolution procedures to ensure that:
(1) Requests for conflict resolution may be made either orally or in writing.
(2) A conflict resolution meeting shall be held within 7 calendar days of the request.
(3) When a parent requests mediation under § 4226.98 (relating to mediation) or a due process hearing under § 4226.99 (relating to due process procedures), the county MH/MR program shall offer the parent a conflict resolution meeting with the county MH/MR administrator or a designee, and the meeting shall be held within 7 calendar days of receipt of the request, unless the parent declines the offer of conflict resolution. If the parent agrees to participate, the meeting may not delay the processing of the request for mediation or for a due process hearing.
(4) When a resolution or agreement is reached at the meeting, the IFSP or other documents shall be revised accordingly.
(5) If no resolution or agreement is reached at the meeting, all other procedural safeguards continue to be available.
(6) The conflict resolution process does not impede or deny other rights under this chapter.
(7) The conflict resolution process is voluntary on the part of the parents, and parents do not have to participate in the process before exercising other procedural rights.
§ 4226.98. Mediation.
(a) The county MH/MR program shall adopt procedures that afford a party who presents a complaint about any matter relating to the identification, evaluation or placement of the child, or the provision of appropriate early intervention services, the opportunity to resolve the dispute through a mediation process.
(b) The procedures shall ensure that the mediation process is:
(1) Voluntary on the part of the parents.
(2) Offered to a parent who requests a due process hearing under § 4226.99 (relating to due process procedures).
(3) Not used to deny or delay a parent's right to a due process hearing under § 4226.99, or to deny or impede other rights afforded under this chapter.
(4) Conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(c) The mediation session shall be scheduled within 10 calendar days of the request for mediation or a due process hearing and shall be held in a location that is convenient to the parties to the dispute.
(d) An agreement reached by the parties to the dispute in the mediation session shall be set forth in a written mediation agreement.
(e) Discussions that occur during the mediation session shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings, and the parties to the mediation may be required to sign a confidentiality pledge before the session begins.
(f) The county MH/MR program shall establish procedures to encourage the use and explain the benefits of the mediation process, whereby a parent who chooses not to use the mediation process may request a meeting, at a time and location convenient to the parent, with a disinterested party or one of the following:
(1) A parent training and information center or community parent resource center.
(2) An alternative dispute resolution entity.
§ 4226.99. Due process procedures.
Each county MH/MR program shall implement procedures to ensure that the resolution of requests for due process hearings by parents concerning any of the matters in § 4226.95(a) (relating to prior notice) on behalf of an individual child is not delayed.
§ 4226.100. Parental rights in due process hearings.
(a) Each county MH/MR program shall ensure that the parents of children referred or eligible for tracking or early intervention services are informed of the rights in subsection (b) in each due process hearing requested to resolve any of the matters in § 4226.95(a) (relating to prior notice) on behalf of an individual child.
(b) A parent who is a party to a due process hearing has the following rights:
(1) To obtain an independent MDE conducted in accordance with § 4226.61 (relating to MDE) at no cost if the parent disagrees with the results of the MDE obtained through the county MH/MR program and the hearing officer determines that the MDE is needed to assist in the resolution of the dispute.
(2) To be accompanied and advised by counsel and by individuals with special knowledge or training with respect to early intervention services.
(3) To present evidence and confront, cross-examine and compel the attendance of witnesses.
(4) To prohibit the introduction of any evidence at the proceeding that has not been disclosed to the parent at least 5 days before the proceeding.
(5) To obtain a written or electronic verbatim transcription of the proceeding.
(6) To obtain written findings of fact and decisions.
§ 4226.101. Impartial hearing officer.
(a) The impartial hearing officer appointed to conduct the due process hearing shall have knowledge of the requirements of this chapter, the Early Intervention Services System Act (11 P. S. §§ 875-101--875-503) and Part C of IDEA (42 U.S.C.A. §§ 1431--1445) and accompanying regulations (currently codified in 34 CFR Part 303 (relating to early intervention program for infants and toddlers with disabilities)), as well as the needs of, and services available for, at-risk children and infants and toddlers with disabilities and their families.
(b) The duties of the impartial hearing officer include:
(1) To preside over the presentation of evidence and each party's position, examine all presented evidence and render a timely decision.
(2) To make available a record of the proceedings.
(3) To forward a written decision to all parties to the proceedings.
(c) As used in this section, ''impartial'' means that the appointed hearing officer:
(1) Is not an employee of an agency or other entity involved in the provision of early intervention services to or care of the child who is the subject of the hearing.
(2) Does not have a personal or professional interest that would conflict with the hearing officer's objectivity in conducting the hearing and rendering a decision.
(d) A person who otherwise qualifies under this section is not an employee of an agency solely because the person is paid to conduct the due process hearing.
§ 4226.102. Convenience of proceedings; timelines.
(a) The due process hearing shall be carried out at a time and place that is reasonably convenient to the parent.
(b) The due process hearing shall be conducted and a written decision mailed to each party no later than 30 days after the parent's request for a hearing is received by the county MH/MR program.
§ 4226.103. Status of a child during proceedings.
(a) During the pendency of a conflict resolution, mediation or due process proceeding, unless the county MH/MR program and parent of the infant or toddler with a disability otherwise agree, the infant or toddler shall continue to receive the early intervention services currently being provided.
(b) If the complaint involves an application for initial services under this chapter, the infant or toddler with a disability shall receive those services that are not in dispute.
[Pa.B. Doc. No. 03-345. Filed for public inspection February 28, 2003, 9:00 a.m.]
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