22 Pa. Code § 13.2. [Reserved].

§ 13.2. [Reserved].

Source

   The provisions of this §  13.2 adopted May 15, 1970; amended November 30, 1973, effective December 1, 1973, 3 Pa.B. 2763; amended June 13, 1975, effective June 14, 1975, 5 Pa.B. 1541; amended November 20, 1981, effective November 21, 1981, 11 Pa.B. 4111; reserved June 15, 1990, effective July 1, 1990, 20 Pa.B. 3339. Immediately preceding text appears at serial pages (135542) to (135543).

Notes of Decisions

   Once an appeal to determine an appropriate program is filed, the Secretary of Education reviews competent testimony relating to a child’s needs and decides upon an appropriate program of education or training accordingly. Murphy v. Department of Education, 504 A.2d 382 (Pa. Cmwlth. 1986).
   Department’s statistical data on racial composition of special education programs, compiled under 22 Pa. Code §  13.2(c), represents a decision of the Department and is a ‘‘public record’’ subject to public examination under 65 P. S. §  66.2. Pennsylvania Association for Children and Adults with Learning Disabilities v. Department of Education, 498 A.2d 16 (Pa. Cmwlth. 1985).
   Statistical data on the racial and ethnic composition of exceptional children programs is a matter of public record under the ‘‘Right to Know Act’’ and does not fall within the investigation exception of that act. Pennsylvania Association for Children and Adults with Learning Disabilities v. Department of Education, 498 A.2d 16 (Pa. Cmwlth. 1985).
   Within §  13.2(a), the Commonwealth has adopted a policy, required by the Federal Education for All Handicapped Children Act, which guarantees for all handicapped children a free public education which would leave them as independent as possible from dependency on others. Armstrong v. Kline, 513 F. Supp. 425 (E. D. Pa. 1980).
   In order to assure that all students who require special educational services receive appropriate training, the district must adopt procedures calculated to isolate the entire population of learning disabled students and to evaluate the need of these pupils for special educational services. Frederick L. v. Thomas, 557 F.2d 373 (3rd Cir. 1977).

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