§ 711.62. Procedural safeguards.
(a) The charter school or cyber charter school shall ensure that procedures are established and implemented to allow parties to disputes regarding any matter described in 34 CFR 300.503(a)(1) (relating to prior notice by the public agency, content of notice), to resolve the dispute through a mediation process that, at a minimum, must be available whenever a hearing is requested under 34 CFR 300.507 (relating to filing a due process complaint) or 34 CFR 300.530—300.537, regarding discipline procedures.
(b) The following apply to coordination services for special education and Section 504 hearings and to hearing officers:
(1) The Secretary may contract for coordination services in support of hearings conducted by local charter schools or cyber charter schools. The coordination services shall be provided on behalf of charter schools or cyber charter schools 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) A hearing officer may not be an employee or agent of a charter school or cyber charter school which is responsible for the education of the student, or of the school district in which the parents or student reside or of any other agency which is responsible for the education or care of the student. A hearing officer shall promptly inform the parties of a personal or professional relationship the officer has or has had with any of the parties.
(c) A charter school or cyber charter school may request a hearing to proceed with an initial evaluation or a reevaluation when a parent fails to respond to the charter school’s or cyber charter school’s evaluation or reevaluation. When a parent rejects the charter school’s or cyber charter school’s proposed identification of a child, proposed evaluation, proposed provision of a FAPE or proposed educational placement, other than the initial placement, the charter school or cyber charter school may request an impartial due process hearing. If the parent fails to respond or refuses to consent to the initial provision of special education services, neither due process nor mediation may be used to obtain agreement or a ruling that the services may be provided.
(d) The following time line applies to due process hearings:
(1) A hearing shall be held after the conclusion of the resolution session under 34 CFR 300.510 (relating to resolution process) or after one of the parties withdraws from mediation or the parties agree to waive or end the resolution session.
(2) The hearing officer’s decision shall be issued within 45 days after the resolution or mediation session ends without resolution or agreement date.
(e) Except as provided by 34 CFR 300.533 (relating to placement during appeals), during the pendency of any mediation proceeding conducted in accordance with 34 CFR 300.506 (relating to mediation), unless the charter school or cyber charter school and the parents of the child agree otherwise, the child that is the subject of the mediation shall remain in the child’s then current education placement until the mediation process is concluded.
(f) The resolution session required by 34 CFR 300.510 shall be available to parents of both school age and eligible young children with disabilities. Parent advocates may attend the sessions.
Authority The provisions of this § 711.62 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § § 17-1732-A(c)(2) and 17-1749-A(b)(8)).
Source The provisions of this § 711.62 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593. Immediately preceding text appears at serial pages (279627) to (279628).
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