§ 171.23. Application for approved private school status.
(a) General rule. A private school program will be approved after the submission of an approvable application and the satisfactory completion of an onsite evaluation. Each program offered by the private school shall be approved. Disapproval of a program will be considered an adjudication under 2 Pa.C.S. § § 501—508 and 701—704 (relating to practice and procedure of Commonwealth agencies and judicial review of Commonwealth agency action), and notices, hearings and appeals will be conducted in accordance with the statute.
(b) Existing program. The program for handicapped persons for which the licensed private school is requesting approval shall have been in operation for at least 1 year.
(c) Experimental programs. The Secretary may grant exceptions to the provisions of Chapter 14 (relating to special education services and programs) to meet certain unique programmatic needs of exceptional persons in approved private schools. The exceptions will be evaluated annually by the Secretary and may be terminated at the discretion of the Secretary.
(d) Mainstreaming. Cooperative programs between a public school and an approved private school may be approved by the Secretary.
(e) Vocational programs. Payment for the audited costs of vocational education programs will be made only when the Department has both approved programs and deemed them to be necessary because of the unavailability of appropriate programs for the students enrolled there.
(f) Programs for multihandicapped. An increase in the maximum rate payable for a program of instruction and maintenance for students having two or more severe handicaps may be approved only if the private school requesting the payment, at the time of the schools initial agreement to enroll a multihandicapped child:
(1) Has a specific approval from the Department for a program appropriate to at least one of the severe handicapping conditions.
(2) Demonstrates to the Department that the actual costs of instruction and maintenance are required to be increased in order to provide an appropriate program to a student having two or more severe handicaps; the approved increase in the maximum rate payable may not exceed these actual costs or the maximum increase allowable by law, whichever is lower; see section 1376(f) of the Public School Code of 1949 (24 P. S. § 13-1376(f)).
(3) Demonstrates to the Department that the school can provide a program, appropriate to the needs of the child having two or more severe handicaps, that specifically addresses those handicaps for which the school does not have program approval.
(g) Application. A licensed private school requesting approval shall submit an application to the Department. The application shall be in a form prescribed by the Department and shall include:
(1) A copy of all licenses.
(2) A brief resume for each administrator and faculty member, including a copy of certifications and other relevant credentials.
(3) The calendar of the school.
(4) A description of arrangements for transporting students.
(5) The enrollment capacity of the school.
(6) The admission criteria of the school.
(7) The tuition and fee structure of the school.
(8) An outline of the education program of the school, showing conformity with the specific applicable special education program standards.
(h) Onsite evaluation. After the Department has approved the application, the Department will conduct an onsite evaluation.
(1) General rule. A private school will be approved when the evaluation demonstrates that the school is operating in conformity with this chapter.
(2) Procedure. The following procedure will be followed in conducting onsite evaluations:
(i) The school will be notified that its application has been approved by the Department.
(ii) The Department and the school will agree on a date for the evaluation.
(iii) The school shall submit ten copies of its program to the chairperson of the evaluation team at least 10 days prior to the evaluation.
(iv) The evaluation team will visit the school to examine the administrative, program and budgetary operations for compliance with the applicable statutes, regulations and standards.
(v) The team chairperson will summarize the evaluation at the close of the onsite visit.
(vi) The Department will notify the school of the results of the evaluation within a reasonable time.
Notes of Decisions Approval
There is no duty imposed on the Department of Education by 22 Pa. Code § 171.23(a) or (d) (relating to application for approved private school status) to approve a private school program. Summit School, Inc. v. Department of Education, 402 A.2d 1142 (Pa. Cmwlth. 1979).
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