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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1806 (March 30, 2024).

22 Pa. Code § 15.5. School district initiated evaluation and provision of services.

§ 15.5. School district initiated evaluation and provision of services.

 (a)  A school district shall send a written notice to the student’s parents if a school district believes that a student 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 student’s current service agreement.

 (b)  The school district’s notice to the parents shall be in the parents’ native language or mode of communication and shall state the following:

   (1)  The school district believes the student is a protected handicapped student or is no longer a protected handicapped student.

   (2)  The basis for the school district’s belief.

   (3)  The proposed change or modification in the service agreement.

   (4)  The parents’ right to inspect and review all relevant school records.

   (5)  The parents’ right to meet with appropriate school officials to discuss the issues associated with evaluating or accommodating the student.

   (6)  The specific related aids, services or accommodations the school district is proposing.

   (7)  The requirement that the parents agree to the student’s identification as a protected handicapped student and execute a service agreement before the school district will provide the proposed related aids, services or accommodations.

   (8)  The school district will not modify or terminate the student’s current service agreement without the parents’ written consent, pending completion of the procedures in §  15.8 (relating to procedural safeguards).

   (9)  The procedural safeguards available to students and their parents.

 (c)  If the school district needs additional information before it can make a specific recommendation concerning the related aids, services or accommodations needed by the student, the district may ask the parents to provide additional medical records which the parents may have and to grant the district permission to evaluate the student.

 (d)  The school district initiated request to evaluate a student shall 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.

Cross References

   This section cited in 22 Pa. Code Appendix A (relating to model memorandum of understanding).

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