Special Education Committee Meeting

MEETING NOTICE

Notice is hereby given that the Standing Committee on Special Education will meet on Friday, February 21, 2003 at 10:30 a.m. in the Honors Suite of the Education Building, 333 Market Street, Harrisburg, PA.

The purpose of the meeting is to discuss a proposed amendment to Chapter 14, Section 14.162 (Impartial due process hearing and expedited due process hearing) as required by the United States Department of Education.

Persons having questions or needing more information about the meeting and persons with a disability needing special accommodations to attend may contact Patricia A. White, Executive Director, State Board of Education, 333 Market Street, Harrisburg, PA 17126-0333; telephone 717-787-3787 (Pa Relay Service #1-800-654-5984) at least 24 hours in advance of the meeting so that arrangements can be made.

COMMONWEALTH OF PENNSYLVANIA

STATE BOARD OF EDUCATION

January 28, 2003

SUBJECT: Special Education

TO: Interested Special Education Community

FROM: Patricia White, Executive Director

State Board of Education

The U.S. Department of Education (USDOE) notified the PA Department of Education in June 2002 of a required rule change to Chapter 14 of the State Board of Education regulations for continued receipt of federal Individuals with Disabilities Education (IDEA) funds. As part the States' IDEA application, the department had to provide assurances that steps would be taken to ensure our rules are consistent with federal regulations.

The section of the federal regulations at issue concerns parental consent for the initial educational placement of a child. USDOE has stated that school districts do not have the authority to override parental consent regarding the initial educational placement of a child, by requesting a due process hearing. The phrase "an initial educational placement" must be struck from Chapter 14 - Section 14.162 to ensure compliance with federal rules. Attached to this memo is the proposed language change.

The Special Education Standing Committee of the State Board of Education was briefed on this issue at its January 2003 meeting. In addition to notifying individuals that were active participants in the drafting of the recently adopted Chapter 14 regulations, the Board's Standing Committee plans to hold a public meeting to gather input on this issue. The Committee welcomes any comments that will assist the Board in determining if there may be other resources or strategies developed to assist in this issue. The meeting is scheduled for Friday, February 21, 2003, in the Honors Suite, of the Pennsylvania Department of Education from 10:30 to 12:00. Persons wishing to present information are encouraged to register with the State Board Office by February 19 at 717-787-3787.

The proposed language is posted on the Department's website, www.pde.state.pa.us in order to ensure the public is informed of the proposed changes to the regulations.

If you have any questions on this matter, please contact Dr. Fran Warkomski at 717-783-2311. Please also feel free to attend the public hearing scheduled to discuss this important matter.

Thank you.

Proposed Amendment Language for Pa Code, Chapter 14§ 14.162. Impartial due process hearing and expedited due process hearing. (a) In addition to the requirements incorporated by reference in 34 CFR 300.504 (relating to procedural safeguard notice), with regard to a student who is mentally retarded or thought to be mentally retarded, a notice when mailed shall be issued to the parent by certified mail (addressee only, return receipt requested).

(b) If parents disagree with the school district's, or the early intervention agency's in the case of a young child, identification, evaluation, or placement of, or the provision of a free appropriate public education to the student or young child, the parent may request an impartial due process hearing.

(c) A school district may request a hearing to proceed with an initial evaluation, an initial educational placement or a reevalaution when the district has not obtained parental consent as required by 34 CFR 300.505(c)(relating to parental consent). When a parent rejects the district's proposed identification of a child, proposed evaluation, proposed provision of a free appropriate public education or proposed educational placement other than the initial placement, the school district may request an impartial due process hearing.

Content Last Modified on 1/29/2003 8:01:00 AM

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