§ 14.104. Special education plans.
(a) Each school district shall develop and implement a special education plan. The special education plan shall be submitted to the Department for approval every 3 years in accordance with § 4.13(d) (relating to strategic plans). The Secretary will prescribe the format, content and time for submission of the special education plan. A school district shall make its special education plan available for public inspection and comment for a minimum of 28 days prior to approval of the plan by the school districts board of directors and submission of the plan to the Department.
(b) Each school districts special education plan must specify the special education programs that operate in the district and those that are operated in the district by intermediate units, area vocational technical schools and other agencies, and it must describe the following:
(1) Early intervening services under 34 CFR 300.226 (relating to early intervening services) and this chapter, if the services are provided by the school district.
(2) The school district procedures for complying with the State criteria for identifying children with specific learning disabilities.
(3) Examples of supplementary aids and services provided by the school district.
(4) Access to a full continuum of educational placements.
(5) Policies and procedures designed to prevent the inappropriate over-identification or disproportionate representation by race and ethnicity of chil-dren with disabilities, for those school districts identified with significant disproportionality in accordance with 34 CFR 300.646(a) (relating to disproportionality).
(6) School district procedures on behavior support services, including a description of the training provided to staff in the use of positive behavior supports, de-escalation techniques and appropriate responses to student behavior that may require immediate intervention.
(7) Parent training activities provided by the school district.
(c) Each school districts special education plan must include procedures for the education of all students with disabilities who are residents of the district, including those receiving special education in approved private schools and students with disabilities who are nonresidents placed in private homes or institutions in the school district under sections 1305, 1306 and 1306.2 of the School Code (24 P.S. § § 13-1305, 13-1306 and 13-1306.2).
(d) Each intermediate unit shall prepare annually and submit to the Secretary a special education plan specifying the special education services and programs to be operated by the intermediate unit, including equitable services provided consistent with 34 CFR 300.130300.144 and subsection (b)(2)(4), (6) and (7). The Secretary will prescribe the format, content and time for submission of the intermediate units plans.
(e) Each early intervention agency shall develop and submit to the Department an early intervention special education plan every year.
(f) The Department will approve plans in accordance with the following criteria:
(1) Services and programs are designed to meet the needs of students identified as children with disabilities within the school district or intermediate unit or eligible young children within the early intervention agency.
(2) The full range of services and programs under this chapter are available to children with disabilities and eligible young children.
(3) Placement of students with disabilities in settings other than regular education settings may not be based on lack of resources, facilities, staff or for administrative convenience.
(4) The plan meets the specifications defined in this chapter and the format, content and time for submission of the agency plans prescribed by the Secretary.
(g) Portions of the plans that do not meet the criteria for approval will be disapproved. Prior to disapproval, Department personnel will discuss disapproved portions of the plan and suggest modifications with appropriate intermediate unit or school district personnel. Portions of the plan that are not specifically disapproved will be deemed approved.
(h) When a portion of an intermediate unit, school district or early intervention plan is disapproved, the Department will issue a notice specifying the portion of the plan disapproved, and the rationale for the disapproval and the opportunity for a hearing under 2 Pa.C.S. § § 501508 and 701704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice Procedure). If requested, the Department will convene a hearing within 30 days after the receipt of the request. The Department will render a decision within 30 days following the hearing.
(i) Each school entity shall maintain information concerning students with disabilities, the services provided, performance and discipline data, as specified by the Secretary, and report information in a form and at times as required by the Secretary.
The provisions of this § 14.104 amended under sections 1372, 2603-B and 2604-B of the Public School Code of 1949 (24 P.S. § § 13-1372, 26-2603-B and 26-2604-B).
The provisions of this § 14.104 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021; amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575; amended July 15, 2016, effective July 16, 2016, 46 Pa.B. 3815. Immediately preceding text appears at serial pages (335429) to (335430) and (371253).
This section cited in 22 Pa. Code § 4.13 (relating to strategic plans); 22 Pa. Code § 10.23 (relating to response and handling of a student with a disability); 22 Pa. Code Appendix A (relating to model memorandum of understanding); 22 Pa. Code § 14.105 (relating to personnel); and 22 Pa. Code § 14.155 (relating to range of services).
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