§ 171.16. Assignment.
(a) General rule. There may be no assignment of a handicapped person of school age to an approved private school by a school district until the provisions of this chapter have been followed.
(b) District. The school district shall recommend an assignment based on its review of the data and evaluations and program possibilities.
(c) Priority. When recommending assignment in an approved private school, the district superintendent and intermediate unit director of special education shall certify to the Secretary that the following priority order of educational placement has been followed or shall explain why deviation is needed to meet the appropriate needs of the person:
(1) A regular class in a regular school with supporting services.
(2) A school district special education program in a regular school, including homebound instruction.
(3) A school district special education program in a special facility.
(4) An intermediate unit program in a regular school.
(5) An intermediate unit program in a special facility.
(6) An approved private school program.
(d) Notice. When a handicapped person of school age is recommended for assignment to an approved private school by a school district, the superintendent of schools of the school district of residence shall give the person and parents written notice as specified in Chapter 14 (relating to special education services and programs). With the permission of the parents, a copy of the notice and evaluations shall be given to the approved private school to which assignment is being recommended.
(e) Notice of charges. The notice shall inform the parents that there may be no charge to the parents or person for a program of instruction and maintenance appropriate to the needs of the person provided during the normal school year if they are residents of this Commonwealth and if the assignment is approved by the Department. The notice shall also give the name, telephone number and address of the intermediate unit information manager to whom the parent may address questions.
(f) Notice of charges for optional services. The approved private school to which assignment is recommended shall send notice to the parents in writing. The notice shall include:
(1) The programs or services offered which are not part of the instruction and maintenance program or not part of the normal school year.
(2) The statement that these services are optional and that enrollment in the approved private school is not contingent on the acceptance by the parents of the optional programs or services.
(3) The cost of each and every optional service.
(4) The statement that these services may be available elsewhere, including at the MH/MR center, on a sliding charge basis and that the private schools will cooperate with any outside agency providing the services.
(g) Application for Department approval. When approval of an assignment to an approved private school is sought, the school district shall forward to the Department an application for approval. The application shall include the certification or explanation required by subsection (c) and a copy of the notices sent to the parents by the school district.
(1) Approval. The Department will approve or disapprove the assignment within 15 days of receipt of the application for approval. If the application is not acted upon within 15 days, it shall be deemed approved.
(2) Disapproval. The Department may disapprove of an assignment even if the parents and school district agree to the assignment. If the Department disapproves of an assignment, it will provide the reasons for that disapproval to the parents of the child involved. The parents, if they lodge a request with the Department within 15 days of their receipt of the reasons for disapproval, will be granted a hearing. The hearing will be conducted in accordance with § 14.64 (relating to impartial due process hearing) to determine the appropriateness of the proposed assignment and its conformity with subsection (c). There may be no change in assignment pending the hearing.
(h) Preschool. The Department may assign to approved private schools handicapped persons who are below school age but at least 2 years of age at the time of assignment. The intermediate unit case manager shall submit applications for assignment to the Department. The application shall contain an evaluation of the handicapped person and the recommended assignment. The Department will review the evaluation and will only assign deaf, blind, muscular dystrophic, cerebral palsied and severely brain damaged preschool-aged persons to approved private schools.
(1) Approval. The Department will approve or disapprove of the assignment within 15 days of receipt of the application for approval. If the application is not acted upon within 15 days, it shall be deemed approved.
(2) Disapproval. If the Department disapproves of the assignment because the recommended program is inappropriate or the preschool-aged person does not qualify under this section, it will grant a hearing, if the request is made by the parents within 15 days. The hearing will be conducted in accordance with § 14.64.
Notes of Decisions Placement
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).
Priority
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).
The order of the Secretary recommending placement in a day school under the mandatory order of priority set forth in 22 Pa. Code § 171.16(c) (relating to assignment) was proper in light of the unfavorable results from a residential treatment program and fear for the physical welfare of the child at a state school, even though the financial position of the district was not good and prior day school experience had been unsuccessful. West Chester Area School District v. Secretary of Education, 401 A.2d 610 (Pa. Cmwlth. 1979).
Cross References This section cited in 22 Pa. Code § 171.201 (relating to purpose and applicability).
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