Pennsylvania Administrative Code

§ 171.201. Purpose and applicability. (a) The purpose of these audit standards is to ensure that revenues provided by the Commonwealth for students whose placement in the approved private school has been approved by the Department have been spent on the provision of education ser…

§ 171.202. General guidelines. An approved private school shall maintain an accounting and bookkeeping system in accordance with the following standards: (1) Accounts shall be kept in accordance with Generally Accepted Accounting Principles (GAAP) as defined by the American Insti…

§ 171.203. Form of records. The financial records that are required to be created and maintained under these standards may be in electronic form, rather than paper form.

§ 171.204. Related party transactions. (a) Related party transactions will be presented and disclosed in accordance with Generally Accepted Accounting Principles. (b) Related parties include the following: (1) Affiliates of the enterprise. (2) Entities for which investments are a…

§ 171.205. Exceptions to Generally Accepted Accounting Principles. The schedule of expenses prepared by the school shall be presented in accordance with Generally Accepted Accounting Principles, with the exception of the following, which will not be included: (1) Bad debts. (2) U…

§ 171.206. Administrative costs. (a) Administrative costs are those costs that have been incurred for the operation of the executive and administrative offices of the organization and do not relate solely to any major function of the organization. This administrative expense cate…

§ 171.207. Payments in excess of expenditures. (a) If the amount of reportable costs in 2004-05 is less than the amount of revenues received by the schools for 2004-05 from the Commonwealth for the provision of educational services to children who have been approved through the P…

§ 171.21. Curriculum. The program of education or training or both for exceptional persons enrolled in approved private schools shall conform to the appropriate special education program standards and meet the individual needs of the person, as agreed to by the parents, school di…

§ 171.22. Personnel. (a) Teachers. Teachers in approved private schools shall have public school certification appropriate to their assignment. (b) Supervisor. Each approved private school shall have at least one supervisor with public school certification appropriate to his assi…

§ 171.23. Application for approved private school status. (a) General rule. A private school program will be approved after the submission of an approvable application and the satisfactory completion of an onsite evaluation. Each program offered by the private school shall be app…

§ 18.1. Statutory authority. The statutory authority for this chapter is section 621-A(a)(2) of the School Code (24 P.S. § 6-621-A(a)(2)).

§ 18.2. Purpose. Consistent with section 621-A(a)(2) of the School Code (24 P.S. § 6-621-A(a)(2)), the purpose of this chapter is to establish criteria that the Secretary may consider in determining whether to issue a declaration that a school district is in financial recovery st…

§ 18.3. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Average daily membership—The final average daily membership of a school district as most recently determined by the Departme…

§ 18.4. Issuance of declaration under section 621-A(a)(1) of the School Code. (a) As provided by section 621-A(a)(1) of the School Code (24 P.S. § 6-621-A(a)(1)), the Secretary will issue a declaration that a school district is in financial recovery status when either of the foll…

§ 18.5. Issuance of declaration under section 621-A(a)(2) of the School Code. (a) Consistent with section 621-A(a)(2)(i) of the School Code (24 P.S. § 6-621-A(a)(2)(i)), the Secretary may consider the following criteria when determining whether to issue a declaration that a schoo…

§ 18.6. Limitation. (a) As provided by section 621-A(a)(1)(ii)(A) of the School Code (24 P.S. § 6-621-A(a)(1)(ii)(A)), no more than nine school districts may be under a declaration of financial recovery status or in receivership at any time. (b) The Secretary may not use informat…

§ 18.7. Moderate and severe recovery status for declarations issued under section 621-A(a)(2) of the School Code. (a) Moderate recovery status. The Secretary will issue a declaration that a financial recovery school district is in moderate recovery status under section 621-A(a)(2…

§ 18.8. Appeal. As provided by section 621-A(c) of the School Code (24 P.S. § 6-621-A(c)), a school district may appeal the Secretary’s declaration of financial recovery status under 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law).

§ 181.1. Children in private schools. In order that school age mentally retarded children in this Commonwealth receive an opportunity to secure a tax-supported free public program of education when these children are currently or hereafter enrolled in licensed private academic sc…

§ 181.2. Annual reports. Licensed private academic schools having exceptional children enrolled therein shall immediately, and hereafter annually on or before February 1, provide to the intermediate unit in which they are situated, a list of all mentally retarded exceptional chil…

§ 181.3. Notice to parents. Upon receipt of this information the intermediate unit shall notify the parents or guardian of each mentally retarded child of that child’s right to a tax-supported free public program of education. This notice shall include the following: (1) The addr…

§ 181.4. Free public education. Enrollment in a tax-supported free public program of education shall be done in accordance with Chapter 14 (relating to special education services and programs) and other laws and regulations of this Commonwealth. Cross References This section cite…

§ 181.5. Placement. In determining appropriate placement, special reference must be made to Attorney General’s Opinion No. 137 of 1972, 2 Pa.B. 1581 which directs that among alternative placements under consideration: (1) Preferred placement is in a regular public school class. (…

§ 181.6. Department approval. (a) A school district or intermediate unit desiring to place a mentally retarded child in an approved private academic school at Commonwealth expense shall, in addition to any of the procedures required by law or regulation, notify the Department of …

§ 181.7. Cost reporting. (a) Each private school, as defined in § 181.2 (relating to annual reports) shall immediately, and hereafter annually, on or before the first day of February, provide the Department with an analysis of the total lists of pupil enrollment in each school, i…

§ 19.1a. General provisions. The subsections Definitions and Terms, Evaluation Process, Maintaining and Reporting Evaluation Data and Records, and Standards of Use for Rating Tools included in this section are applicable to the evaluation of classroom teachers in § 19.2a (relatin…

§ 19.2a. Classroom Teacher Evaluation. Educator Effectiveness rating tools, comprised of instructions and forms, function as summary records in the evaluation of the effectiveness of professional employees. Educator Effectiveness rating tools shall be used in accordance with the …

§ 19.3a. Principal Evaluation. Educator Effectiveness rating tools, comprised of instructions and forms, function as summary records in the evaluation of the effectiveness of professional employees as defined. Educator Effectiveness rating tools shall be used in accordance with t…

§ 19.4a. Nonteaching Professional (NTP) Employee Evaluation. Educator Effectiveness rating tools, comprised of instructions and forms, function as summary records in the evaluation of the effectiveness of professional employees. Educator Effectiveness rating tools shall be used i…

§ 2.1. Statutory references. The Public School Code (24 P.S. § § 1-101—27-2702) carries numerous provisions for school district organization and changes in school district boundaries as follows: (1) In annexation for school purposes, the Board’s responsibilities are found in prov…

§ 2.2. General provisions. (a) All aspects of the changing of school district boundaries must comply with the School Laws of Pennsylvania, the Board regulations, and have prior review and recommendations by the Department. This applies to annexations which alter school district b…

ANNEXATION FOR SCHOOL PURPOSES § 2.21. Conditions for approval of annexations. (a) Changes in the boundaries of school districts, to coincide with changes in municipal boundaries already made, will be approved by the Council of Basic Education, in original applications, unless: (…

REORGANIZATION OF SCHOOL DISTRICTS § 2.31. Methods of unification. There are 3 basic methods in the Public School Code of 1949, as amended, for the unification or contracted cooperation of school districts: (1) Any 2 or more school districts may sign contractual agreement to form…

§ 2.32. Approval of joint schools or departments. Under Article XVII of the Public School Code, the Board provides that: (1) The Department may grant approval for the establishment of joint departments to operate special education programs. (2) The Department may approve joint vo…

§ 2.33. Combination of administrative units. The Board will approve the combination of any two or more contiguous reorganized school districts or approved administrative units if all conditions of section 224 of the Public School Code (24 P.S. § 2-224) have been satisfied and no …

§ 2.34. Independent districts for transfer. In situations where a small area of a school district petitions for transfer from one school district to another, the Board will approve the creation of such independent district for transfer purposes only if the opinion of the Secretar…

§ 2.35. County plans of administrative units. (a) The School District Reorganization Act of 1968, (24 P.S. § § 2-2400— 2-2400.10) (Act 150), approved July 8, 1968 directs the Board within 30 days of the effective date of the act, to adopt standards for approval of administrative …

§ 2.36. Delimitations. (a) The plans of administrative units submitted under this act shall be limited to those school districts which are in administrative units that have not established under the provisions of Act 299, the act of August 8, 1963 (24 P.S. § § 2-290—2-298). (b) E…

§ 2.37. Standards for approval. (a) An administrative unit shall be defined as a geographic area under the control of a single board of school directors. (b) An administrative unit shall be planned as a contiguous geographic area. Exceptions to contiguity may be made only in situ…

§ 2.38. Approvals. (a) The Board shall review all plans and approve such plans as it deems wise in the best interest of the educational system of the Commonwealth. (b) Exception. If no petition of appeal is filed by a school district, considering itself aggrieved by the plan as s…

§ 2.39. Procedures. (a) The county plan of administrative units submitted under Act 150 (24 P.S. § § 2-2400—2-2400.10) shall be limited to those school districts which are not in an administrative unit that established under Act 299 (24 P.S. § § 2-290—2-298), the act approved Aug…

§ 2.40. Appeals. (a) A school district considering itself aggrieved by the plan of organization of administrative units adopted by the county board of school directors may petition the Board for a hearing setting forth the basis for such appeal. (b) Appeal petitions shall be file…

§ 201.1. Applicability of general rules. Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure), is applicable to the activities of and proceedings before the Board, except as provided in, or in…

§ 201.10. Briefs. (a) After the close of the testimony, the hearing examiner will fix a briefing schedule. Unless otherwise agreed to by all parties and the hearing examiner, the claimant, or other party upon whom rests the burden of proof, shall file the first brief, followed by…

§ 201.11. Proposed opinion and recommendation. (a) Unless otherwise ordered by the Board, the hearing examiner will file a proposed opinion and recommendation to the Board in cases when an administrative hearing has been held before a hearing examiner. The contents of the propose…

§ 201.12. Oral argument before the Board. (a) The right to oral argument is discretionary with the Board and will be granted to the extent the Board believes it will be helpful in enabling the Board to acquire an understanding of and to resolve the issues. When oral argument is g…

§ 201.2a. Definitions. (a) In addition to the definitions in 1 Pa. Code § 31.3 (relating to definitions), as used in this chapter, the following words and terms have the following meanings, unless the context clearly indicates otherwise: Adjudicatory benefit appeal—An appeal from…