§ 14.161. Prehearing conferences.

 The purpose of the prehearing conference is to reach an amicable agreement in the best interest of the student or young child.

   (1)  In addition to the requirements incorporated by reference in 34 CFR 300.503—300.505 (relating to prior notice by the public agency; content of notice; procedural safeguards notice; and parental consent), the notice shall provide for a parent to request the school district or early intervention agency in the case of a young child to convene a prehearing conference in instances when the parent disapproves the school district’s proposed action or refusal to act.

   (2)  When a parent requests and the school district or early intervention agency in the case of a young child agrees to participate in a prehearing conference, the conference shall be convened within 10 days of receipt of the parent notice and shall be chaired by the superintendent, the early intervention agency representative or their designees.

   (3)  A parent or the school district or early intervention agency in the case of a young child may waive the right to a prehearing conference and immediately request an impartial due process hearing under §  14.162 (relating to impartial due process hearing and expedited due process hearing).

   (4)  If the prehearing conference results in agreement, the provisions under §  14.131 (relating to IEP) shall be applied.

   (5)  Within 5 days of the agreement, a parent may notify the school district or early intervention agency in the case of a young child, in writing, of a decision not to approve the identification, evaluation, recommended assignment or the provision of a free appropriate public education. When a parent gives notice not to approve the identification, evaluation, recommended assignment, or the provision of a free appropriate public education, or if the prehearing conference does not result in an agreement, the provisions under §  14.162 shall be applied.

   The provisions of this §  14.161 adopted June 8, 2001, effective June 9, 2001, 31 Pa.B. 3021.

   Consumer Complaint

   Parents/complainants had no right to appeal a determination of a consumer complaint in which the parents alleged a general failure to provide a preconference hearing and a due process hearing. Complainants are not considered a ‘‘party’’ to a proceeding before the Department upon the filing of a consumer complaint and, therefore, may not file an appeal of a decision. Wolfe v. Lower Merion School District, 801 A.2d 639 (Pa. Cmwlth. 2002).

   This section cited in 22 Pa. Code §  11.34 (relating to excusals from attendance for other than temporary reasons); and 22 Pa. Code §  14.157 (relating to exit criteria).