§ 14.123. Evaluation.

 (a)  The group of qualified professionals, which reviews the evaluation materials to determine whether the child is a child with a disability under 34 CFR 300.534(a)(1) (relating to determination of eligibility), shall include a certified school psychologist when evaluating a child for autism, emotional disturbance, mental retardation, multiple disabilities, other health impairments, specific learning disability or traumatic brain injury.

 (b)  In addition to the requirements incorporated by reference in 34 CFR 300.531—300.535, the initial evaluation shall be completed and a copy of the evaluation report presented to the parents no later than 60 school days after the agency receives written parental consent.

   The provisions of this §  14.123 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

   Basis for Decision

   The panel’s award of compensatory education was premised on a separate and distinct basis from the issues raised before the Hearing officer, requiring remand for an evidentiary hearing and an adjudication on the issue of appropriateness of the multidisciplinary evaluation. Mifflin County School District v. Special Education Due Process Appeals Board, 800 A.2d 1010 (Pa. Cmwlth. 2002).

   This section cited in 22 Pa. Code §  14.122 (relating to screening); 22 Pa. Code §  14.153 (relating to evaluation); and 22 Pa. Code §  14.161 (relating to purchasing conferences).