§ 14.102. Purposes.

 (a)  It is the intent of the Board that children with disabilities be provided with quality special education services and programs. The purposes of this chapter are to serve the following:

   (1)  To adopt Federal regulations by incorporation by reference to satisfy the statutory requirements under the Individuals with Disabilities Education Act (20 U.S.C.A. § §  1400—1419) and to ensure that:

     (i)   Children with disabilities have available to them a free appropriate public education which is designed to enable the student to participate fully and independently in the community, including preparation for employment or higher education.

     (ii)   The rights of children with disabilities and parents of these children are protected.

   (2)  To adopt, except as expressly otherwise provided in this chapter, the requirements of 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities) as published at 64 FR 12418—12469 (March 12, 1999). The following sections are incorporated by reference.

     (i)   34 CFR 300.4—300.6 (defining the terms ‘‘act’’; ‘‘assistive technology device’’; and ‘‘assistive technology service’’).

     (ii)   34 CFR 300.7(a) and (c) (defining the term ‘‘child with a disability’’).

     (iii)   34 CFR 300.8—300.24 (defining the terms ‘‘consent’’; ‘‘day’’; ‘‘business day’’; ‘‘school day’’; ‘‘educational service agency’’; ‘‘equipment’’; ‘‘evaluation’’; ‘‘free appropriate public education’’; ‘‘include’’; ‘‘individualized education program’’; ‘‘individualized education program team’’; ‘‘individualized family service plan’’; ‘‘local educational agency’’; ‘‘native language’’; ‘‘parent’’; ‘‘personally identifiable’’; ‘‘public agency’’; ‘‘qualified personnel’’; and ‘‘related services’’).

     (iv)   34 CFR 300.26 (defining the term ‘‘special education’’).

     (v)   34 CFR 300.28 and 300.29 (defining the terms ‘‘supplementary aids and services’’; and ‘‘transition services’’).

     (vi)   34 CFR 300.121—300.125 (relating to free appropriate public education (FAPE); exception to FAPE for certain ages; full educational opportunity goal (FEOG); FEOG—timetable; and child find).

     (vii)   34 CFR 300.138 and 300.139 (relating to participation in assessments; and reports relating to assessments).

     (viii)   34 CFR 300.300 (relating to provision of FAPE).

     (ix)   34 CFR 300.302—300.309 (relating to residential placement; proper functioning of hearing aids; full educational opportunity goal; program options; nonacademic services; physical education; assistive technology; and extended school year services).

     (x)   34 CFR 300.311(b) and (c) (relating to FAPE requirements for students with disabilities in adult prisons).

     (xi)   34 CFR 300.313 (relating to children experiencing developmental delays).

     (xii)   34 CFR 300.320 and 300.321 (relating to initial evaluations; and reevaluations).

     (xiii)   34 CFR 300.340 (relating to definitions related to IEPs).

     (xiv)   34 CFR 300.342—300.346 (relating to when IEPs must be in effect; IEP meetings; IEP team; parent participation; and development, review and revision of IEP).

     (xv)   34 CFR 300.347 (a), (b) and (d) (relating to content of IEP).

     (xvi)   34 CFR 300.348—300.350 (relating to agency responsibilities for transition services; private school placements by public agencies; and IEPs—accountability).

     (xvii)   34 CFR 300.401 (regarding responsibility of state educational agency in connection with children with disabilities in private schools placed or referred by public agencies).

     (xviii)   34 CFR 300.403 (relating to placement of children by parents if FAPE is at issue).

     (xix)   34 CFR 300.450—300.462 (relating to children with disabilities enrolled by their parents in private schools).

     (xx)   34 CFR 300.500—300.515 (regarding certain due process procedures for parents and their children).

     (xxi)   34 CFR 300.519—300.529 (relating to discipline procedures).

     (xxii)   34 CFR 300.531—300.536 (regarding certain procedures for evaluation and determination of eligibility).

     (xxiii)   34 CFR 300.540—300.543 (relating to additional procedures for evaluating children with specific learning disabilities).

     (xxiv)   34 CFR 300.550—300.553 (relating to least restrictive environment (LRE) including general LRE requirements; continuum of alternative placements; placements; and nonacademic settings).

     (xxv)   34 CFR 300.560—300.574(a) and (b) (providing for confidentiality of information).

     (xxvi)   34 CFR 300.576 (relating to disciplinary information).

   (3)  To specify how the Commonwealth will meet its obligations to suspected and identified children with disabilities who require special education and related services.

   (4)  To provide to the Commonwealth, through the Department, general supervision of services and programs provided under this chapter.

 (b)  To provide services and programs effectively, the Commonwealth will delegate operational responsibility for school aged students to its school districts to include the provision of child find duties prescribed by 34 CFR 300.125(a) (relating to child find).

   The provisions of this §  14.102 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

   Free Appropriate Public Education (FAPE)

   By adopting the Federal regulations relating to assistance to states for education of children with disabilities, Pennsylvania seeks to ensure all children with disabilities the right to a free appropriate public education (FAPE). Delaware Valley School District v. Daniel G., 800 A.2d 989 (Pa. Cmwlth. 2002).