§ 171.13. Program responsibility.
The primary responsibility for providing an appropriate program of education or training, or both, shall be that of a school district. Where the school district cannot provide an appropriate program effectively and efficiently, it shall use the services of the intermediate unit. The services of approved private schools, State schools and out-of-State institutions may be used where school districts and intermediate units cannot provide effective and efficient services for handicapped persons of school age because of the nature or incidence of the handicapping condition.
Notes of Decisions Appropriate Program
Placement of a child at the Vanguard School was proper, since she was not attaining her intellectual potential in a public school, but her behavior had dramatically changed for the better after her placement at Vanguard. Levy v. Department of Education, 399 A.2d 159 (Pa. Cmwlth. 1979).
Since the parents of a deaf child did not establish that a vocational education was preferable to an academic education for their child and did not establish that the district or intermediate unit could not provide such vocational education, placement of the child in the Pennsylvania School for the Deaf was not justified. Fitz v. Intermediate Unit # 29, 403 A.2d 138 (Pa. Cmwlth. 1979).
Identifying Exceptional Children
The primary responsibility for identifying all exceptional children and developing educational programs to meet their needs rests with the local school district. Veschi v. Northwestern Lehigh School District, 772 A.2d 469 (Pa. Cmwlth. 2001).
Placement in a private school, with the district bearing the responsibility for the attendant tuition, will only be approved if neither the local school district nor its supporting IU can provide an appropriate education for the child in question. Veschi v. Northwestern Lehigh School District, 772 A.2d 469, 1037 (Pa. Cmwlth. 2001); appeal denied 788 A.2d 382 (Pa. 2001).
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