[31 Pa.B. 3021]
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EDUCATIONAL PLACEMENT § 14.141. Terminology related to educational placement.
Notwithstanding the requirements incorporated by reference with regard to educational placements, the following words and terms, when used in § 14.142 (relating to caseload for special education), have the following meanings:
Autistic support--Services for students with the disability of autism.
Blind and visually impaired support--Services for students with the disability of visual impairment, including blindness.
Deaf and hard of hearing impaired support--Services for students with the disabilities of deafness or hearing impairment.
Emotional support--Services for students with a disability whose primary identified need is emotional support.
Full-time--Special education classes provided for the entire school day, with opportunities for participation in nonacademic and extracurricular activities to the maximum extent appropriate, which may be located in or outside of a regular school.
Itinerant--Regular classroom instruction for most of the school day, with special education services and programs provided by special education personnel inside or outside of the regular class for part of the school day.
Learning support--Services for students with a disability whose primary identified need is academic learning.
Life skills support--Services for students with a disability focused primarily on the needs of students for independent living.
Multiple disabilities support--Services for students with multiple disabilities.
Part-time--Special education services and programs outside the regular classroom but in a regular school for most of the school day, with some instruction in the regular classroom for part of the school day.
Physical support--Services designed primarily to meet the needs of students with the disabilities of orthopedic or other health impairment.
Resource--Regular classroom instruction for most of the school day, with special education services and programs provided by special education personnel in a resource room for part of the school day.
Speech and language support--Services for students with the disability of speech and language impairment.
§ 14.142. Caseload for special education.
(a) This chart presents the maximum caseload allowed on a single teacher's roll for each school district.
Type of Service Itinerant Resource Part-time Full-time: Learning Support 50 20 15 12 Life Skills Support 20 20 15 12 Elementary 15 Secondary Emotional Support 50 20 15 12 Deaf and Hearing Impaired Support 50 15 10 8 Blind or Visually Impaired Support 50 15 15 12 Speech and Language Support 65 8 Physical Support 50 15 12 12 Autistic Support 12 8 8 8 Multiple Disabilities Support 12 8 8 8
(b) A school district may request approval for a caseload chart which varies from that in subsection (a) as part of its special education plan consistent with § 14.104 (relating to educational plans). The caseload and supporting documents submitted shall:
(1) Ensure the ability of assigned staff to provide the services required in each student's IEP.
(2) Apply to special education classes operated in the school district.
(3) Provide a justification for why the chart deviates from the caseload chart in subsection (a).
(4) Describe the opportunities for parents, teachers and other interested parties to review and comment on the chart prior to its submission.
(c) Classes or programs with students from more than one district regardless of whether operated by a school district, intermediate unit, or agency shall follow the caseload chart of the district where the class or program is located. Intermediate unit itinerant services provided to multiple districts shall follow the caseload chart under subsection (a).
(d) Caseloads are not applicable to approved private schools.
(e) The Department may withdraw approval of variance in the caseload chart for a school district if its caseload is determined to be inadequate. The Department will consider at least the following indicators when making the determination:
(1) Graduation rates of students with a disability.
(2) Drop-out rates of students with a disability.
(3) Postsecondary transition of students with a disability.
(4) Rate of grade level retentions.
(5) Statewide and district-wide assessment results as prescribed by §§ 4.51 and 4.52 (relating to State assessment system; and local assessment system).
(f) The maximum age range shall be 3 years in elementary school (grades K-6) and 4 years in secondary school (grades 7-12). A student with a disability may not be placed in a class in which the chronological age from the youngest to the oldest student exceeds these limits unless an exception is determined to be appropriate by the IEP team and is justified in the IEP.
§ 14.143. Disciplinary placements.
(a) Notwithstanding the requirements incorporated by reference in 34 CFR 300.519(b) (relating to change of placement for disciplinary removals), a disciplinary exclusion of a student with a disability for more than 15 cumulative school days in a school year will be considered a pattern so as to be deemed a change in educational placement.
(b) A removal from school is a change of placement for a student who is identified with mental retardation, except if the student's actions are consistent with 34 CFR 300.520 (a)(2)(i) and (ii) (relating to authority of school personnel). For this purpose, the definitions in 34 CFR 300.520(d) apply.
§ 14.144. Facilities
The comparability and availability of facilities for students with a disability shall be consistent with the approved intermediate unit or school district plan, which shall provide, by description of policies and procedures, the following:
(1) Students with disabilities will be provided appropriate classroom space.
(2) Moving of a class shall occur only when the result will be:
(i) To bring the location for delivery of special education services and programs closer to the students' homes.
(ii) To improve the delivery of special education services and programs without reducing the degree to which the students with disabilities are educated with students without disabilities.
(iii) To respond to an emergency which threatens the students' health or safety.
(iv) To accommodate ongoing building renovations, provided that the movement of students with disabilities due to renovations will be proportional to the number of students without disabilities being moved.
(v) That the location of classes shall be maintained within a school building for at least 3 school years.
(3) Each special education class is:
(i) Maintained as close as appropriate to the ebb and flow of usual school activities.
(ii) Located where noise will not interfere with instruction.
(iii) Located only in space that is designed for purposes of instruction.
(iv) Readily accessible.
(v) Composed of at least 28 square feet per student.
EARLY INTERVENTION § 14.151. Purpose.
(a) This section and §§ 14.152--14.158 (relating to early intervention) apply to services and programs for eligible young children.
(b) Notwithstanding the requirements incorporated by reference, with regard to early intervention services:
(1) The Department will provide for the delivery of early intervention services.
(2) The Department may provide for the delivery of some or all of these services through mutually agreed-upon written arrangements. Each mutually agreed-upon written arrangement may include memoranda of understanding under an approved plan submitted to the Department by an intermediate unit, school district or other agencies.
§ 14.152. Child find, public awareness and screening.
(a) Each early intervention agency shall adopt and use a system to locate and identify eligible young children and young children thought to be eligible who reside within the boundary served by the early intervention agency.
(b) Each early intervention agency shall conduct awareness activities to inform the public of early intervention services and programs and the manner by which to request these services and programs.
(c) Each early intervention agency shall provide annual public notification, published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the area served by the agency of child identification activities and of the procedures followed to ensure confidentiality of information pertaining to eligible young children in accordance with this chapter.
§ 14.153. Evaluation.
Notwithstanding the requirements adopted by reference:
(1) Evaluations shall be conducted by early intervention agencies for children who are thought to be eligible for early intervention and who are referred for evaluation.
(2) Evaluations shall be sufficient in scope and depth to investigate information relevant to the young child's suspected disability, including physical development, cognitive and sensory development, learning problems, learning strengths and educational needs, communication development, social and emotional development, self-help skills and health considerations, as well as an assessment of the family's perceived strengths and needs which will enhance the child's development.
(3) The assessment shall include information to assist the MDT to determine whether the child has a disability and needs special education and related services and to determine the extent to which the child can be involved in appropriate preschool activities.
(4) The following timeline applies to the completion of evaluations and reevaluations under this section:
(i) Initial evaluation or reevaluation shall be completed and a copy of the evaluation report presented to the parents no later than 60 days after the early intervention agency receives written parental consent.
(ii) Notwithstanding the requirements incorporated by reference in 34 CFR 300.536 (relating to reevaluation), a reevaluation report shall be provided within 60 days from the date that the request for reevaluation was received from the parent or teacher, or from the date that a determination is made that conditions warrant a reevaluation.
(iii) Reevaluations shall occur at least every 2 years.
(5) Each eligible young child shall be evaluated by an MDT, to make a determination of continued eligibility for early intervention services and to develop an evaluation report in accordance with the requirements concerning evaluation under § 14.123 (relating to evaluation), excluding the provision to include a certified school psychologist where appropriate under § 14.123(a).
§ 14.154. IEP.
(a) An IEP is a written plan for the provision of appropriate early intervention services to an eligible young child, including services to enable the family to enhance the young child's development. The IEP shall be based on and be responsive to the results of the evaluation.
(b) Notwithstanding the requirements incorporated by reference, the IEP team shall include:
(1) At least one special education teacher or special education provider.
(2) An agency representative familiar with appropriate activities for preschool children and knowledgeable about the availability of the resources of the early intervention agency. With regard to the adoption of 34 CFR 300.344(a)(4) (relating to IEP team), the agency representative shall be qualified to provide or supervise the provision of specially designed instruction to meet the needs of children with disabilities. This could include a preschool supervisor or service coordinator or designee of the early intervention agency.
(c) With parental consent, the IEP shall include a section on family services, which shall provide for appropriate services to assist the family in supporting the eligible young child's development.
(d) Notwithstanding the requirements incorporated by reference, the following timelines govern the preparation and implementation of IEPs:
(1) The IEP of each eligible young child shall be implemented as soon as possible, but no later than 14 days after the completion of the IEP.
(2) The IEP of each eligible young child shall be reviewed by the IEP team at least annually.
(e) For children who are within 1 year of transition to a program for school age students, the IEP shall contain goals and objectives which address the transition process.
(f) Progress indicators include but are not limited to, IEP annotation, dated progress and documented parental feedback.
(g) If an eligible young child moves from one early intervention agency to another in this Commonwealth, the new early intervention agency shall implement the existing IEP to the extent possible or shall provide services and programs specified in an interim IEP agreed to by the parents until a new IEP is developed and implemented and until the completion of due process proceedings under this chapter.
(h) Every eligible young child receiving special education and related services provided for in the IEP developed prior June 9, 2001, shall continue to receive the special education and related services under that IEP subject to the terms, limitations and conditions set forth in law.
§ 14.155. Range of services.
(a) The Department will ensure that options are available to meet the needs of children eligible for early intervention. The options may be made available directly by early intervention agencies or through contractual arrangements for services and programs of other agencies in the community, including preschools, provided these other agencies are licensed, when appropriate, by the Department or the Department of Public Welfare.
(b) The IEP team shall review the alternatives in subsection (c) in descending order, except for the options relating to services and programs provided in the home. Services provided in the home may be the least restrictive early intervention program for an eligible young child.
(c) The IEP team shall recommend services and programs be provided in a regular class or regular preschool program unless the IEP team determines that the IEP cannot be implemented in a regular class or regular preschool program even with supplemental aids and services. The placement options include the following:
(1) Regular preschool program or class for the entire school or program day with supportive intervention, including modifications to the regular program and individualization by the preschool program or classroom teacher.
(2) Regular preschool program or class for all or most of the school or program day, with supplemental aids and services provided by early intervention personnel.
(3) Early intervention services and programs provided in a specialized setting for most or all of the program day, with noneligible young children.
(4) Early intervention services and programs provided in a specialized setting, with some programming provided in the regular preschool program or class and opportunities for participation with noneligible young children in play or other activities.
(5) Early intervention services and programs provided in the home, including services which are provided in conjunction with services provided in another setting.
(6) Early intervention services provided in a specialized early intervention program.
(7) Early intervention services and programs provided in a specialized setting, including the following:
(i) An approved private school.
(ii) A residential school, residential facility, State school or hospital or special secure setting on an individual or group basis, with parental consent.
(iii) An approved out-of-State program.
(d) The duration of early intervention services, in terms of program days and years, shall accommodate the individual needs of eligible young children. The duration of early intervention services shall be developed by each early intervention agency and shall be included in its plans under § 14.104 (relating to educational plans).
(e) The caseloads of professional personnel shall be determined on the basis of maximums allowed and the amount of time required to fulfill eligible young children's IEPs. The following caseloads shall be used in early intervention programs:
(1) Supportive intervention. In a regular preschool program in which supportive intervention is the primary method of service, the caseload range shall be 10-40 children with no more than six eligible young children serviced in the same session. Supportive intervention includes consultation, integrated therapies and other instructional strategies.
(2) Specialized setting. In early intervention programs provided in a specialized setting, the staff ratio is based on the developmental levels of the children. At least one staff member shall be a certified professional. For children functioning at:
(i) 0-18 months--One staff member for every three eligible young children, with a maximum class size of nine.
(ii) 18-36 months--One staff member for every four eligible young children, with a maximum class size of 12.
(iii) 36 months and up--One staff member for every six eligible young children, with a maximum class size of 18 children.
(3) Home based program. In early intervention programs in which the home based program is provided to eligible young children as the only program, the ratio is 10 to 20 eligible young children per teacher. This shall also include teachers of the visually impaired, hearing impaired, and orientation and mobility specialists.
(4) Early intervention program--speech and language. In early intervention programs, the speech and language itinerant program will be provided within a caseload of 10 to 50 eligible young children enrolled per teacher.
(5) Early intervention program--physical and occupational therapies. In early intervention programs where physical therapy or occupational therapy, or both, is specified on the IEP, individual caseloads are determined with consideration of the type of services delivered and the time required for those services.
§ 14.156. System of quality assurance.
The Department will assure in accordance with section 302(b) of the act (11 P. S. § 875-302(b)) through its monitoring and technical assistance activities, a system of quality assurance, including evaluation of the developmental appropriateness, quality and effectiveness of programs; assurance of compliance with program standards; documented progress indicators; and provision of assistance to assure compliance. These requirements will apply to those programs operated by the early intervention agency directly or through providers contracted by the early intervention agency.
§ 14.157. Exit criteria.
(a) Under section 301(14) of the act (11 P. S. § 875-301(14)), children shall be exited subject to §§ 14.161 and 141.62 (relating to procedural safeguards) from early intervention based on one or more of the following criteria:
(1) The child has reached the age of beginners and is therefore no longer eligible for early intervention services authorized under the act.
(2) The child has functioned within the range of normal development for 4 months, with an IEP, and as verified by the IEP team.
(3) The parent or guardian withdrew the child from early intervention for other reasons.
(b) If the child does not meet exit criteria and the child's IEP demonstrates that the child will benefit from services which can be provided only through special education, nothing in the law or this chapter prevents that placement.
§ 14.158. Data collection.
The Department will require early intervention agencies to maintain accurate information concerning eligible young children and the types of services received, and to report that information in aggregate at predetermined dates throughout the fiscal year. The Secretary will prescribe the format, content, data items and time for submission of the required information.
PROCEDURAL SAFEGUARDS § 14.161. Prehearing conferences.
The purpose of the prehearing conference is to reach an amicable agreement in the best interest of the student or young child.
(1) In addition to the requirements incorporated by reference in 34 CFR 300.503--300.505 (relating to prior notice by the public agency; content of notice; procedural safeguards notice; and parental consent), the notice shall provide for a parent to request the school district or early intervention agency in the case of a young child to convene a prehearing conference in instances when the parent disapproves the school district's proposed action or refusal to act.
(2) When a parent requests and the school district or early intervention agency in the case of a young child agrees to participate in a prehearing conference, the conference shall be convened within 10 days of receipt of the parent notice and shall be chaired by the superintendent, the early intervention agency representative or their designees.
(3) A parent or the school district or early intervention agency in the case of a young child may waive the right to a prehearing conference and immediately request an impartial due process hearing under § 14.162 (relating to impartial due process hearing and expedited due process hearing).
(4) If the prehearing conference results in agreement, the provisions under § 14.131 (relating to IEP) shall be applied.
(5) Within 5-days of the agreement, a parent may notify the school district or early intervention agency in the case of a young child, in writing, of a decision not to approve the identification, evaluation, recommended assignment or the provision of a free appropriate public education. When a parent gives notice not to approve the identification, evaluation, recommended assignment, or the provision of a free appropriate public education, or if the prehearing conference does not result in an agreement, the provisions under § 14.162 shall be applied.
§ 14.162. Impartial due process hearing and expedited due process hearing.
(a) In addition to the requirements incorporated by reference in 34 CFR 300.504 (relating to procedural safeguard notice), with regard to a student who is mentally retarded or thought to be mentally retarded, a notice when mailed shall be issued to the parent by certified mail (addressee only, return receipt requested).
(b) If parents disagree with the school district's, or the early intervention agency's in the case of a young child, identification, evaluation, or placement of, or the provision of a free appropriate public education to the student or young child, the parent may request an impartial due process hearing.
(c) A school district may request a hearing to proceed with an initial evaluation, an initial educational placement or a reevalaution when the district has not obtained parental consent as required by 34 CFR 300.505(c)(relating to parental consent). When a parent rejects the district's proposed identification of a child, proposed evaluation, proposed provision of a free appropriate public education or proposed educational placement, the school district may request an impartial due process hearing.
(d) The hearing for a child with a disability or thought to be a child with a disability shall be conducted by and held in the school district at a place and time reasonably convenient to the parents and child involved. A hearing for an eligible young child or thought to be eligible young child shall be conducted by the early intervention agency at a place and time reasonably convenient to the parents and child involved. These options shall be set forth in the notice provided for requesting a hearing.
(e) The hearing shall be an oral, personal hearing and shall be closed to the public unless the parents request an open hearing. If the hearing is open, the decision issued in the case, and only the decision, shall be available to the public. If the hearing is closed, the decision shall be treated as a record of the student or young child and may not be available to the public.
(f) The decision of the hearing officer shall include findings of fact, discussion and conclusions of law. Although technical rules of evidence will not be followed, the decision shall be based solely upon the substantial evidence presented at the hearing.
(g) The hearing officer shall have the authority to order that additional evidence be presented.
(h) A written or at the option of the parents, electronic verbatim record of the hearing shall, upon request, be made and provided to parents at no cost.
(i) Parents may be represented by legal counsel and accompanied and advised by individuals with special knowledge or training with respect to the problems of children with disabilities.
(j) A parent or parent's representative shall be given access to educational records, including any tests or reports upon which the proposed action is based.
(k) A party may prohibit the introduction of evidence at the hearing that has not been disclosed to that party at least 5-business days before the hearing.
(l) A party has the right to compel the attendance of and question witnesses who may have evidence upon which the proposed action might be based.
(m) A party has the right to present evidence and testimony, including expert medical, psychological or educational testimony.
(n) A party to a hearing has the right to obtain written, or, at the option of the parents, electronic findings of fact and decisions.
(o) The decision of the hearing officer regarding a child with a disability or thought to be a child with a disability may be appealed to a panel of three appellate hearing officers. The panel's decision may be appealed further to a court of competent jurisdiction. In notifying the parties of its decision, the panel shall indicate the courts to which an appeal may be taken. The decision of the hearing officer regarding an eligible young child may be appealed to a court of competent jurisdiction. In notifying the parties of the decision, the hearing officer shall indicate the courts to which an appeal may be taken.
(p) The following applies to coordination services for hearings and to hearing officers and appellate hearing officers:
(1) The Secretary may contract for coordination services in support of hearings conducted by local school districts. The coordination services shall be provided on behalf of school districts 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 school district 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 school district which receives a request for an impartial due process hearing shall forward the request to the entity providing coordination services under paragraph (1) without delay.
(3) The Secretary will contract for the services of hearing officers for hearings related to an eligible young child or thought to be eligible young child and for appellate hearing officers for school aged students and may compensate the hearing officers and appellate hearing officers for their services. The compensation does not cause the hearing officers and 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 or by a person having a personal or professional interest that would conflict with the person's objectivity in the hearing. 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.
(q) The following timeline applies to due process hearings:
(1) A hearing shall be held within 30 days after a parent's or school district's initial request for a hearing. If the school district uses the coordination services under subsection (p), the parent's request must be forwarded by the school district within 5 days of the receipt of the request to the service agency supported by the Secretary.
(2) The hearing officer's decision shall be issued within 45 days after the parent's or school district's request for a hearing.
(3) The appellate hearing panel shall render a decision within 30 days after a request for review.
(4) A hearing officer or appellate hearing officer may grant specific extensions of time beyond the periods in paragraphs (1)--(3) at the request of either party.
(5) If an expedited hearing is conducted under 34 CFR 300.528 (relating to expedited due process hearings), the hearing officer decision shall be mailed within 45 days of the public agency's receipt of the request for the hearing without exceptions or extensions.
(r) If the decision of the hearing officer is appealed, the panel of appellate hearing officers as provided in subsection (o) shall conduct an impartial review of the hearing. The review shall do the following:
(1) Examine the entire hearing record.
(2) Ensure that the procedures at the hearing were consistent with the requirements of due process.
(3) Seek additional evidence if necessary. If a hearing is held to receive additional evidence, the rights under subsections (e)--(n) apply.
(4) Afford the parties an opportunity for oral or written argument, or both, at the discretion of the panel of appellate hearing officers.
(5) Make an independent decision on completion of the review.
(6) Give to the district a written copy of the findings of fact and decisions and provide at the option of the parents, a written or electronic copy of the findings of fact and decisions.
(s) Each school district and early intervention agency shall keep a list of the persons who serve as hearing officers. The list shall include the qualifications of each hearing officer. School districts and early intervention agencies shall provide parents with information as to the availability of the list and shall make copies of it available upon request.
PART XVI. STANDARDS
CHAPTER 342. (Reserved) §§ 342.1--342.8. (Reserved).
§§ 342.21--342.25. (Reserved).
§§ 342.31--342.39. (Reserved).
§§ 342.41--342.46. (Reserved).
§§ 342.51--342.56. (Reserved).
§§ 342.61--342.68. (Reserved).
§§ 342.71--342.74. (Reserved).
[Pa.B. Doc. No. 01-1030. Filed for public inspection June 8, 2001, 9:00 a.m.]
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