Thanks to the emailer who sent in this link to Pennsylvania State Code Chapter 15: Protected Handicapped Students
Parents:
If you have requested the district review or modify your child's existing IEP, or consider evaluation of your child for special needs, you might be interested in the following information (pasted directly from Pennsylvania School Code):
§ 15.6. Parent initiated evaluation and provision of services.
(a) Parents shall request in writing that their child be evaluated and provided services if they believe their child meets one or more of the following conditions:
(1) Should be identified as a protected handicapped student.
(2) Should no longer be identified as a protected handicapped student.
(3) Requires a change in or modification of the child’s current service agreement.
(b) The parents should include available relevant medical records along with their written request for the provision of services.
(c) Whenever possible the parents’ request for the provision of services shall state the following:
(1) The specific reasons the parents believe the student is or is no longer a protected handicapped student.
(2) The specific related aids, services or accommodations the parents believe the student needs.
(3) The specific modifications the parents would like the school district to make in the student’s current service agreement, if the parents are requesting modification of the student’s current service agreement.
(d) Within 25 school days of receipt of the parents’ written request for the provision of services the school district shall evaluate the information submitted by the parents and send a written response to the parents’ request.
(e) The school district’s response to the parents shall be in the parents’ native language or mode of communication and shall state the following:
(1) Whether the parents’ request or a portion of the parents’ request is being granted or denied.
(2) The parents’ right to meet with the appropriate school officials to discuss the issues associated with accommodating the student.
(3) The procedural safeguards available to students and their parents under § 15.8 (relating to procedural safeguards).
(4) Parents using the procedural safeguards in this chapter may also file suit in Federal court under Section 504.
(f) If upon evaluation of the information submitted by the parents, the school district determines that it needs additional information before it can make a specific recommendation concerning the parents’ request, the district shall ask the parents to provide additional medical records and grant the district permission to evaluate the student.
(g) The school district initiated request to evaluate a student under subsection (f) shall be in writing and specifically identify the procedures and types of tests which it proposes to use to evaluate the student and inform the parents that they have the right to give or withhold their written consent to these evaluations.
§ 15.7. Service agreement.
(a) If the parents and the school district agree as to what related aids, services or accommodations should or should no longer be provided to the protected handicapped student, the district and parents shall enter into or modify a service agreement. The service agreement shall be written and executed by a representative of the school district and one or both parents. Oral agreements may not be relied upon. The agreement shall set forth the specific related aids, services or accommodations the student shall receive, or if an agreement is being modified, the modified services the student shall receive. The agreement shall also specify the date the services shall begin, the date the services shall be discontinued, and, when appropriate, the procedures to be followed in the event of a medical emergency.
(b) If the parents and the school district cannot agree as to the related aids, services and accommodations that should or should no longer be provided to the protected handicapped student, either party may use the procedural safeguard system under § 15.8 (relating to procedural safeguards) to resolve the dispute, and the school district shall notify parents in writing of their rights in this regard.
(c) In implementing the service agreement, school entities shall address relevant factors, such as educational resources, physical plant and personnel capabilities.
Cross References
This section cited in 55 Pa. Code § 3270.4 (relating to definitions); 55 Pa. Code § 3280.4 (relating to definitions); and 55 Pa. Code § 3290.4 (relating to definitions).
§ 15.8. Procedural safeguards.
(a) Parental request for assistance. Parents may file a written request for assistance with the Department if one or both of the following apply:
(1) The school district is not providing the related aids, services and accommodations specified in the student’s service agreement.
(2) The school district has failed to comply with the procedures in this chapter.
(b) Request resolution. The Department will investigate and respond to requests for assistance and, unless exceptional circumstances exist, will, within 60 calendar days of receipt of the request, send to the parents and school district a written response to the request. The response to the parents’ request shall be in the parents’ native language or mode of communication.
(c) Informal conference. At any time parents may file a written request with the school district for an informal conference with respect to the identification or evaluation of a student, or the student’s need for related aid, service or accommodation. Within 10 school days of receipt of the request, the school district shall convene an informal conference. At the conference, every effort shall be made to reach an amicable agreement.
(d) Formal due process hearing. If the matters raised by the school district or parents are not resolved at the informal conference, the district or parents may submit a request for a hearing. The hearing shall be held before an impartial hearing officer and shall be governed by § 14.64(a)—(l), (n) and (o) (relating to impartial due process hearings) if no issues under Chapter 14 (relating to special education services and programs) are raised for decision in the hearing by the parents, school district or hearing officer. If issues under Chapter 14 are raised for decision in the hearing by the parents, school district or hearing officer, an appeal from the hearing officer’s decision shall be governed also by § 14.64(m).
(e) Stay pending judicial appeals. If, within 60 calendar days of the completion of the administrative due process proceedings under this chapter, an appeal or original jurisdiction action is filed in State or Federal Court, the administrative order shall be stayed pending the completion of the judicial proceedings, unless the parents and school district agree otherwise.
Cross References
This section cited in 22 Pa. Code § 15.5 (relating to school district initiated evaluation and provision of services); 22 Pa. Code § 15.6 (relating to parent initiated evaluation and provision of services); 22 Pa. Code § 15.7 (relating to service agreement); and 22 Pa. Code § 15.10 (relating to discrimination claims).
§ 15.9. Confidentiality.
A school district shall do the following:
(1) Protect the confidentiality of personally identifiable information regarding a protected handicapped student.
(2) Require parental consent before releasing personally identifiable information to unauthorized persons.
(3) Provide access to educational records of the student to the parents or a representative of the parents.
(4) Comply with section 513(a) of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. § 1232g) and 34 CFR Part 99 (relating to family education rights and privacy).
§ 15.10. Discrimination claims.
Notwithstanding other provisions of this chapter, an eligible or noneligible student under Chapter 14 (relating to special education services and programs) may use the procedures for requesting assistance under § 15.8(a) (relating to procedural safeguards) to raise claims regarding denial of access, equal treatment or discrimination based on handicap. A student filing a claim of discrimination need not exhaust the procedures in this chapter prior to initiating a court action under Section 504.
Cross References
This section cited in 22 Pa. Code § 15.2 (relating to definitions); and 22 Pa. Code § 15.11 (relating to rules of construction).
§ 15.11. Rules of construction.
(a) The full description of substantive responsibilities of school entities is set forth in Section 504 and the Section 504 regulations at 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from federal financial assistance) and not in this chapter.
(b) Eligible and thought to be eligible students continue to be governed by Chapter 14 (relating to special education services and programs), except for the provisions of § 15.10 (relating to discrimination claims).
(c) It is not the purpose of this chapter to preempt, create, supplant, expand or restrict the rights or liabilities of protected handicapped students or school entities beyond what is contemplated by Section 504, the Section 504 regulations at 34 CFR Part 104 or another law. This chapter does not restrict or limit a parent, protected handicapped student, school entity or the Commonwealth from pursuing claims or defenses available, whether constitutional, statutory, regulatory or common law. This chapter does not restrict or limit a protected handicapped student or school entity from filing a cognizable action, appellate or original in nature, to resolve a dispute under Section 504 or the Federal Section 504 regulations. This chapter does not increase or diminish the jurisdiction of any court.
(d) It is not the intent of the Board that this chapter be interpreted as influencing, in either the plaintiff’s or defendant’s favor, the disposition of a particular civil action. However, this chapter is intended to have the force of law and to be so interpreted by the courts.
Monday, July 28, 2008
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From today's BCCT. Move over, sliced bread, there's a new best thing coming. But we've gotta hurry, there are only 70 seats left, unless they're willing to boost the 17 to 1 student/teacher ratio. Maybe they'll take all of Morrisville's 9-12 kids if we offer say, $10,000 per student, instead of the regular $8,750 (MSRP, excluding tax, tags, title, shipping, and handling). Everyone has their price.
Alternative school to open second campus in Bucks
By DOM COSENTINO
Bucks County Courier Times
Sandy Homel took the call, heard the question and couldn't wait to offer a reply.
“If I sound excited,” said Homel, who will take over as the acting superintendent of the Centennial School District on Friday, “I am.”
Homel was asked about Delaware Valley High School, the new alternative school for at-risk students set to open in September at the corner of Jacksonville Road and Van Horn Drive in Warminster.
DVHS, which contracts with school districts to educate students and takes referrals from families, has operated a campus in the Bustleton section of Philadelphia for nearly 40 years. It is adding a new, 25,000-square-foot suburban facility on 4 acres to be closer to the Bucks and Montgomery county school districts it will serve. The Bustleton site will operate solely for students from Philadelphia, according to David Shulick, DVHS president.
“The entire school is like no other,” Shulick said.
DVHS' new Bucks campus plans to serve 250 students this year, including 200 from grades nine through 12 and 50 from grades six through eight. Already, according to Shulick, 180 of those seats have been contracted by various school districts.
The school, which educates each student for $8,750 per year, boasts a student-to-teacher ratio of 17-to-1 and works with a technical institute, psychological center and service organization for support. The idea is to get students onto a path toward a vocational school or college.
“We're going to facilitate that the moment they arrive,” Shulick said. “What we're trying to teach these kids is how important education is and how important civic responsibility is.”
Shulick also highlighted DVHS' student-management services software, which he said was designed by school administrators to track every student's emotional and behavioral issues and automate a report that gets forwarded to parents and school districts.
DVHS has a 93 percent graduation rate, a figure that includes 24 William Tennent High School students referred by the school district in the last three years.
Homel said those students would have been drop-outs. Instead, she said, they went on to nurse's training, community college and culinary school.
“When our students went to their Philadelphia location, they pretty much got the basics,” Homel said. “Now they're adding music and arts. We've had amazing success with our students staying the course and getting a diploma.
“Wonderful, wonderful people run the school. They're very good with youngsters. They have my praise because they've earned it.”
Dom Cosentino can be reached at 215-345-3148 or dcosentino@phillyBurbs.com.
July 28, 2008 7:56 AM
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