Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

22 Pa. Code § 15.6. Parent initiated evaluation and provision of services.

§ 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.

Cross References

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

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