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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 § 711.3. Incorporation of Federal regulations.

§ 711.3. Incorporation of Federal regulations.

 (a)  Charter schools and cyber charter schools assume the duty to ensure that a FAPE is available to a child with a disability in compliance with IDEA and its implementing regulations in 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities) and section 504 and its implementing regulations in 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving federal financial assistance).

 (b)  The requirements of 34 CFR Part 300 as published at 71 FR 46540—46845 (August 14, 2006), amended at 73 FR 73006—73029 (December 1, 2008) are incorporated by reference, as follows:

   (1)  34 CFR 300.4—300.8(a) and (c) (relating to act; assistive technology device; assistive technology service; charter school; and child with a disability).

   (2)  34 CFR 300.9—300.15 (relating to consent; core academic subjects; day; business day; school day; educational service agency; elementary school; equipment; and evaluation).

   (3)  34 CFR 300.17—300.19 (relating to free appropriate public education; highly qualified special education teachers; and homeless children).

   (4)  34 CFR 300.22 and 300.23 (relating to individualized education program; and individualized education program team).

   (5)  34 CFR 300.27—300.30 (relating to limited English proficient; local educational agency; native language; and parent).

   (6)  34 CFR 300.32—300.37 (relating to personally identifiable; public agency; related services; scientifically based research; and secondary school).

   (7)  34 CFR 300.39 (relating to special education).

   (8)  34 CFR 300.41—300.45 (relating to State educational agency; supplementary aids and services; transition services; universal design; and ward of the state).

   (9)  34 CFR 300.101 and 34 CFR 300.102 (relating to free appropriate public education (FAPE); and limitation—exception to FAPE for certain ages).

   (10)  34 CFR 300.104—300.108 (relating to residential placement; assistive technology; extended school year services; nonacademic services; and physical education).

   (11)  34 CFR 300.113 and 300.114(a)(2) (relating to routine checking of hearing aids and external components of surgically implanted medical devices; and LRE requirements).

   (12)  34 CFR 300.115—300.117 (relating to continuum of alternative placements; placements; and nonacademic settings).

   (13)  34 CFR 300.122 (relating to evaluation).

   (14)  34 CFR 300.148 (relating to placement of children by parents when FAPE is at issue).

   (15)  34 CFR 300.160 (relating to participation in assessments).

   (16)  34 CFR 300.172 (relating to access to instructional materials).

   (17)  34 CFR 300.174 (relating to prohibition on mandatory medication).

   (18)  34 CFR 300.207 (relating to personnel development).

   (19)  34 CFR 300.210—300.213 (relating to purchase of instructional materials; information for SEA; public information; and records regarding migratory children with disabilities).

   (20)  34 CFR 300.226 (relating to early intervening services).

   (21)  34 CFR 300.300 and 300.301 (relating to parental consent; and initial evaluations).

   (22)  34 CFR 300.302—300.307(a)(1)(2) and (b) (relating to screening for instructional purposes is not evaluation; reevaluations; evaluation procedures; additional requirements for evaluations and reevaluations; determination of eligibility; and specific learning disabilities).

   (23)  34 CFR 300.308—300.311 (relating to additional group members; determining the existence of a specific learning disability; observation; and specific documentation for the eligibility determination).

   (24)  34 CFR 300.320—300.325 (relating to definition of individualized education program; IEP Team; parent participation; when IEPs must be in effect; development, review, and revision of IEP; and private school placement by public agencies).

   (25)  34 CFR 300.327 and 300.328 (relating to educational placements; and alternative means of meeting participation).

   (26)  34 CFR 300.501—300.508 (relating to opportunity to examine records; parent participation in meetings; independent education evaluation; prior notice by the public agency, content of notice; procedural safeguards notice; electronic mail; mediation; filing a due process complaint; and due process complaint).

   (27)  34 CFR 300.510—300.516 (relating to resolution process; impartial due process hearing; hearing rights; hearing decisions; finality of decision; appeal; partial review; timelines and convenience of hearings and reviews; and civil action).

   (28)  34 CFR 300.518(a), (b) and (d) and 300.519 (relating to child’s status during proceedings; and surrogate parents).

   (29)  34 CFR 300.530—300.537 (relating to authority of school personnel; determination of setting; appeal; placement during appeals; protections for children not determined eligible for special education and related services; referral to and action by law enforcement and judicial authorities; change of placement because of disciplinary removals; and state enforcement mechanisms).

   (30)  34 CFR 300.610—300.625 (relating to confidentiality; definitions; notice to parents; access rights; record of access; records on more than one child; list of types and locations of information; fees; amendment of records at parent request; opportunity for a hearing; result of hearing; hearing procedures; consent; safeguards; destruction of information; and children’s rights).

 (c)  The requirements of 34 CFR Part 104 are incorporated by reference as follows:

   (1)  104.3(f), (h)—(j), (k)(2) and (1) (relating to definitions).

   (2)  104.4—104.8, regarding discrimination prohibited; assurances required; remedial action; designation of responsible employee; and notice.

   (3)  104.10 (relating to effect of state or local law or other requirements and effect of employment opportunities).

   (4)  104.11 and 104.12 (relating to discrimination prohibited; and reasonable accommodation).

   (5)  104.21—104.37, regarding accessibility.


   The provisions of this §  711.3 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P.S. § §  17-1732-A(c)(2) and 17-1749-A(b)(8)).


   The provisions of this §  711.3 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4752. Immediately preceding text appears at serial pages (335463) to (335466).

Cross References

   This section cited in 22 Pa. Code §  711.4 (relating to supervision).

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