§ 341.1. [Reserved].
Source The provisions of this § 341.1 adopted September 30, 1977, effective October 1, 1977, 7 Pa.B. 2792; amended November 21, 1980, effective November 22, 1980, 10 Pa.B. 4423; reserved June 15, 1990, effective July 1, 1990, 20 Pa.B. 3357. Immediately preceding text appears at serial pages (35157) to (35158).
Notes of Decisions Brain-Damaged
The bare assertion by a special school director that his institution would be able to implement an Individualized Education Plan formulated in accordance with 22 Pa. Code § 341.15, thereby providing an appropriate program of education as defined in 22 Pa. Code § 13.1 is insufficient to support a recommended assignment regarding the ability of an institution to implement an IEP and cannot constitute substantial evidence for placing a student who is brain-damaged as defined by 22 Pa. Code § 341.1(i) and speech and language impaired as defined by 22 Pa. Code § 341.1(ix) in that particular school. Murphy v. Department of Education, 460 A.2d 398 (Pa. Cmwlth. 1983); affirmed 504 A.2d 382 (Pa. Cmwlth. 1986).
Negligent Diagnosis
Only cause of action available to student, who sought damages for allegedly negligent diagnosis of her as educable mentally retarded when she was in fact learning disabled, is a statutory cause of action under Public School Code of 1949 (24 P. S. § § 1-101—16-1613). Agostine v. School District of Philadelphia, 527 A.2d 193 (Pa. Cmwlth. 1987); appeal denied 536 A.2d 1334 (Pa. 1987).
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