Pennsylvania Administrative Code

§ 155.14. Positions affected. (a) If positions must be retrenched at a college, the impact shall be distributed among all position classifications of employes specifications of employes specifically. This shall include positions classified as: (1) State college and university man…

§ 155.15. Documentation. (a) All existing documents relevant for retrenchment discussions at each college shall be made available when needed for meet and discuss conferences or for related retrenchment planning. (b) These documents shall include, but not be limited to: (1) Compl…

§ 155.16. Teaching faculty positions. (a) The retrenchment of teaching faculty positions shall be considered sequentially in accordance with the sub-steps of this regulation, recognizing, however, that each decision made at each step is a tentative one that may be reconsidered at…

§ 155.17. Total positions to be retrenched. In the preparation for the final retrenchment plan, as it affects teaching faculty, the president shall after all discussions have been held and recommendations made, determine the following: (1) The net teaching faculty positions to be…

§ 155.18. Affirmative action. Pursuant to the Commonwealth’s affirmative action program and related laws, orders, and rules, affirmative conditions of employment of women and minorities shall be maintained in determining which persons are assigned to the positions remaining after…

§ 155.19. Seniority. (a) Each president shall insure that the processes used to identify the persons to be laid off in APSCUF unit I are designed to give priority consideration in the following order: The commitment level of appointment (temporary employes should be considered fi…

§ 155.2. Retrenchment time table. (a) Between April 28, 1975, and June 30, 1975. Each college administration shall arrange for Meet and Discuss conferences with employe organization representatives to consider, in accordance with these Regulations, the elimination of the projecte…

§ 155.20. Support staff. (a) Each president shall insure that the processes used to identify the persons to be laid off in bargaining units other than APSCUF unit I are designed so that the needs of the college will be met effectively after retrenchment. (b) Since many of the uni…

§ 155.21. Status of retrenched personnel. (a) Each college shall maintain its personnel programs and practices in its usual manner subsequent to the notification of employes of layoff status on September 8, 1975. (b) A particular faculty member, whose employment will be terminate…

§ 155.22. Alternative plans. (a) Within 2 weeks after the publication of this chapter. The Secretary of Education will distribute a statement concerning alternatives to retrenchment. The statement shall include specific suggestions for use by the colleges in their retrenchment pl…

GENERAL PROVISIONS § 16.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Agency—An intermediate unit, school district, area vocational technical school, State-operated program or…

§ 16.2. Purpose. (a) This chapter specifies how the Commonwealth will meet its obligations to suspected and identified gifted students who require gifted education to reach their potential. It is the intent of the Board that gifted students be provided with quality gifted educati…

SCREENING AND EVALUATION PROCESS § 16.21. General. (a) Each school district shall adopt and use a system to locate and identify all students within that district who are thought to be gifted and in need of specially designed instruction. (b) Each school district shall conduct awa…

§ 16.22. Gifted multidisciplinary evaluation. (a) Prior to conducting an initial gifted multidisciplinary evaluation, the school district shall comply with the notice and consent requirements under § § 16.61 and 16.62 (relating to notice; and consent). (b) Referral for gifted mul…

§ 16.23. Gifted multidisciplinary reevaluation. (a) Gifted students shall be reevaluated before a change in educational placement is recommended for the student. In addition, gifted students may be reevaluated at any time under recommendation by the GIEP team. (b) Reevaluations s…

§ 16.3. Experimental programs. (a) The Secretary may approve exceptions to this chapter for the operation of experimental programs that are anticipated to improve student achievement and that meet certain unique programmatic needs of gifted students. School districts shall submit…

GIEP § 16.31. General. (a) A GIEP is a written plan describing the education to be provided to a gifted student. The initial GIEP must be based on and be responsive to the results of the evaluation and be developed and implemented in accordance with this chapter. (b) If a gifted …

§ 16.32. GIEP. (a) The GIEP team, in accordance with the requirements of this chapter shall, based upon the evaluation report, develop an initial GIEP and arrive at a determination of educational placement. Revisions to GIEPs, changes in educational placement, or continuation of …

§ 16.33. Support services. (a) The GIEP team, during the development, review or revision of a GIEP, shall determine whether the gifted student needs one or more support services. (b) The GIEP team shall conclude that transportation to and from school psychological services, paren…

§ 16.4. Gifted education plans. (a) In accordance with § 4.13(e) (relating to strategic plans), each school district shall develop and implement a gifted education plan every 6 years. A school district shall make its gifted education plan available for public inspection and comme…

EDUCATIONAL PLACEMENT § 16.41. General. (a) The GIEP team shall base educational placement decisions on the gifted student’s needs. (b) Districts may use administrative and instructional strategies and techniques in the provision of gifted education for gifted students which do n…

§ 16.42. Parental placement in private schools. (a) This chapter does not limit the right of parents to have their gifted children educated at private schools completely at private expense. (b) The home education program of a gifted child shall be governed by sections 1327 and 13…

§ 16.5. Personnel. (a) Professional personnel shall consist of certified individuals responsible for identifying gifted students and providing gifted education in accordance with Article XI of the School Code (24 P.S. § § 11-1101—11-1192) and this title. (b) Paraprofessional pers…

§ 16.6. General supervision. (a) Educational programs for gifted students administered within this Commonwealth are considered to be under the general supervision of the Department and must meet the provisions of this chapter. (b) The Department will ensure that appropriate and r…

PROCEDURAL SAFEGUARDS § 16.61. Notice. (a) A school district shall document the provision of written notice to the parents of a gifted student at least 10 school days prior to one or more of the following events: (1) The school district proposes to conduct a gifted multidisciplin…

§ 16.62. Consent. The district shall document that written parental consent is obtained prior to: (1) Conducting an initial multidisciplinary evaluation. (2) Initially placing a gifted student in a gifted program. (3) Disclosing to unauthorized persons information identifiable to…

§ 16.63. Impartial due process hearing. (a) Parents may request in writing an impartial due process hearing concerning the identification, evaluation or educational placement of, or the provision of a gifted education to, a student who is gifted or who is thought to be gifted if …

§ 16.64. Mediation. (a) Mediation is a process in which parents and agencies involved in a special education for gifted students dispute may obtain the assistance of an impartial mediator in attempting to reach a mutually agreeable settlement. (b) The following words and terms, w…

§ 16.65. Confidentiality. Each agency shall protect the confidentiality of personally identifiable information regarding a gifted student or a student thought to be gifted in accordance with section 13(a) of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. § 123…

§ 16.7. Special education. (a) Nothing in this chapter is intended to reduce the protections afforded to students who are eligible for special education as provided under Chapter 14 (relating to special education services and programs) and sections 601—619 of the Individuals with…

§ 161.1. School Administrators’ Handbook. The School Administrator’s Handbook contains the basic policies, directives and procedures of the Department of Education. It is an adjunct to the school laws of the Commonwealth for the administration of the schools of this Commonwealth.…

§ 161.2. School Administrators’ Memorandums. The School Administrators’ Memorandums supplement the Handbook as a means of relaying quickly, information of temporary or one-time interest, information to be later included in the Handbook, or interpreting and clarifying previously i…

§ 161.3. Availability of Handbook and Memorandums. The Handbook and Memorandums are available for public inspection and copying at the principal administration office of each school district and each intermediate unit, and at the offices of the Department of Education, Education …

GENERAL PROVISIONS § 17.1. Operation. An intermediate unit shall be operated in accordance with the Public School Code of 1949 (24 P. S. § § 1-101—27-2702) and in particular 24 P. S. § § 9-951—9-974, the regulations of the Board and the standards and guidelines of the Secretary. …

LEASING OF INTERMEDIATE UNIT FACILITIES § 17.11. Preapproval by Secretary of Education. A lease for an intermediate unit facility shall be preapproved by the Secretary as required under section 919.1-A of the Public School Code of 1949 (24 P. S. § 9-969.1). Authority The provisio…

§ 17.13. Conditions of lease. The conditions of the lease shall conform to the standards promulgated by the Secretary. Authority The provisions of this § 17.13 amended under section 775 of the Public School Code of 1949 (24 P. S. § 7-775); and sections 775, 951—971 and 2603-B of …

§ 17.2. Conventions. Conventions shall be called in accordance with section 911-A of the Public School Code of 1949 (24 P. S. § 9-961). Authority The provisions of this § 17.2 issued under section 408.1 of The Administrative Code of 1929 (71 P. S. § 118.1) (Repealed). Source The …

PURCHASE OF INTERMEDIATEUNIT FACILITIES § 17.21. Purchase of facilities. An intermediate unit may purchase a building for office space and warehouse facilities. The purchase shall be in accordance with section 919.1-A of the Public School Code of 1949 (24 P.S. § 9-969.1). The Sec…

§ 17.3. Election of intermediate unit boards of directors. (a) Seats. Each intermediate unit board of directors shall establish the number of seats on the intermediate unit board in accordance with section 910-A of the Public School Code of 1949 (24 P. S. § 9-960) and shall annua…

§ 17.4. Minutes of a convention. The presiding intermediate unit board president shall act as the chairman of each convention and, 10 days after the convention, shall file with the Secretary a complete report on the convention. In the case of mail ballot, a report shall also be f…

§ 171.11. Definitions. The following words and phrases, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Ancillary costs—Those costs, as approved by the Department, that are reasonably necessary to establish, sustain, adminis…

§ 171.12. Educational plans. (a) Plan. The plan for special education required by section 1372 of the Public School Code of 1949 (24 P. S. § 13-1372) shall recognize approved private schools as a resource of the State school system in providing for the education of certain except…

§ 171.13. Program responsibility. The primary responsibility for providing an appropriate program of education or training, or both, shall be that of a school district. Where the school district cannot provide an appropriate program effectively and efficiently, it shall use the s…

§ 171.14. Identification of handicapped persons. The approved private schools shall assist in the identification of persons thought to be handicapped by: (1) Notifying, with permission of the parents, the school district of residence and the intermediate unit case manager when th…

§ 171.15. Evaluation. (a) General rule. No person may be recommended for educational assignment or reassignment to an approved private school by a school district until the person has been evaluated in accordance with this chapter. (b) School district or intermediate unit evaluat…

§ 171.16. Assignment. (a) General rule. There may be no assignment of a handicapped person of school age to an approved private school by a school district until the provisions of this chapter have been followed. (b) District. The school district shall recommend an assignment bas…

§ 171.17. Reevaluation. (a) General rule. Persons assigned to approved private schools shall be reevaluated every 2 years or annually at the request of the parents. (b) Continuance. When the reevaluation results in a recommendation for continuance in the same program, notice of t…