Rule 1148. Educational Stability and Placement.
A. General Rule. Any order resulting in the placement of a child or a change in placement shall address the educational stability of the child.
B. School of Origin. A child in placement shall remain in their school of origin unless the court finds remaining in the school of origin is not in the child’s best interest. If the court finds that it is not in the best interest of the child to remain in the school of origin, then the court may order the child to be enrolled in another school that best meets the child’s needs.
C. Another School. If a court orders the child to be enrolled in another school pursuant to paragraph (B), then the child shall attend a public school unless the court finds that a public school is not in the best interest of the child.
Comment This rule is intended to apply at any point in a dependency proceeding when the child is in placement, including pre-dispositional placement and post-dispositional modification of a dependent child’s placement. This rule is intended to complement rather than supersede the requirements of Rule 1512(D)(1)(i).
In paragraph (B), the best interest determination should be based on factors including the appropriateness of the current educational setting considering the child’s needs and the proximity of the school of origin relative to the placement location. This paragraph is not intended to usurp the administrative process contemplated by the Elementary and Secondary Education Act of 1965, as amended, 20 U.S.C. § 6311(g)(1)(E). This paragraph is intended to facilitate educational stability while the child remains under the jurisdiction of the Juvenile Court and to codify the presumption that a child is to remain in their school of origin absent evidence that it is not in the child’s best interest to do so.
In paragraph (C), circumstances indicating that it may not be in the best interest for the child to attend a public school include the security and safety of the child and treatment needs. Paragraph (C) is intended to codify the presumption that a child is to attend public school while in placement absent evidence demonstrating that it is not in the best interest of the child to do so. The bundling of residential services and educational services should not be permitted without a court order authorizing such.
A court may consider an Individualized Education Program, Service Agreement, or administrative determination in making findings pursuant to this Rule.
Official Note
Rule 1148 adopted December 21, 2018, effective May 1, 2019.
Committee Explanatory Reports:
Final Report explaining the provisions of Rule 1148 published with the Court’s Order at 49 Pa.B. 208 (January 12, 2019).
Final Report explaining the provisions of Rule 1148 published with the Court’s Order at 49 Pa.B. 610 (February 9, 2019).
Source The provisions of this Rule 1148 adopted December 21, 2018, effective May 1, 2019, 49 Pa.B. 208, 610.
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