CHAPTER 711. CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES

§ 711.1. Definitions.

 (a)  This chapter specifies how the Commonwealth, through the Department, will meet its obligation to ensure that charter schools comply with the IDEA and its implementing regulations in 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities), and Section 504 and its implementing regulations in 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving federal financial assistance).

 (b)  This chapter does not prevent a charter school and a school district from entering into agreements regarding the provision of services and programs to comply with this chapter, whether or not the agreements involve payment for the services and programs by the charter school.

 (a)  Charter schools assume the duty to ensure that a FAPE is available to a child with a disability in compliance with the IDEA and its implementing regulations in 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities) and section 504 and its implementing regulations in 34 CFR Part 104 (relating to nondiscrimination on the basis of handicap in programs and activities receiving federal financial assistance).

 (b)  The requirements of 34 CFR Part 300 are incorporated by reference as follows:

   (1)  300.3 (relating to regulations that apply).

   (2)  300.4—300.26.

   (3)  300.28 and 300.29 (relating to supplementary aids; and transition services).

   (4)  300.121—300.125.

   (5)  300.138 (relating to participation in assessments).

   (6)  300.139 (relating to reports relating to assessments).

   (7)  300.300 (relating to provision of FAPE).

   (8)  300.302—300.309.

   (9)  300.312 and 300.313 (relating to children with disabilities in public charter schools; and children experiencing developmental delays).

   (10)  300.320 and 300.321 (relating to initial evaluations; and reevaluations).

   (11)  300.340 (relating to definitions related to IEPs).

   (12)  300.342—300.346.

   (13)  300.347(a) and (b) (relating to content of IEP).

   (14)  300.348—300.350 (relating to agency responsibilities for transition services; private school placements by public agencies; and IEP accountability).

   (15)  300.401 (relating to responsibility of State educational agency).

   (16)  300.403 (relating to placement of children by parents if FAPE is at issue).

   (17)  300.500—300.515.

   (18)  300.519—300.529.

   (19)  300.531—300.536.

   (20)  300.540—300.543.

   (21)  300.550—300.553.

   (22)  300.560—300.573.

   (23)  300.574 (a) and (b) (relating to children’s rights).

   (24)  300.576 (relating to disciplinary information).

 (c)  The requirements of 34 CFR Part 104 are incorporated by reference as follows:

   (1)  104.3(f), (h)—(j), (k)(2) and (l) (relating to definitions).

   (2)  104.4—104.8.

   (3)  104.10 (relating to effect of state or local law or other requirements and effect of employment opportunities).

   (4)  104.11 and 104.12 (relating to discrimination prohibited; and reasonable accommodation).

   (5)  104.21—104.37.

 (a)  The Commonwealth, through the Department will provide general supervision of special education services and programs provided under this chapter to ensure that charter schools comply with §  711.3 (relating to incorporation of Federal regulations).

 (b)  The Department will supervise charter schools’ compliance with the IDEA in accordance with the policies and procedures in the Department’s IDEA grant application under 34 CFR 300.110 (relating to condition of assistance) and as approved by the United States Department of Education.

 (c)  Charter schools shall:

   (1)  Comply with the Department’s compliance monitoring requirements.

   (2)  Provide all information requested by the Department.

 (a)  The annual report required under section 1728-A(b) of the act (24 P. S. §  17-1728-A(b)) shall include:

   (1)  The number of children with disabilities in special education.

   (2)  The services, programs and resources being implemented by the charter school staff.

   (3)  The services and programs utilized by the charter school through contracting with another public agency, other organizations or individuals.

   (4)  The services and programs utilized by the charter school through the assistance of the intermediate unit in which the charter school is located under section 1725-A(a)(4) of the act (24 P. S. §  17-1725-A(a)(4)).

   (5)  Staff training in special education utilized by the charter school through the Department’s training and technical assistance network and intermediate unit.

 (b)  The annual report shall include an assurance that the charter school is in compliance with Federal laws and regulations governing children with disabilities and the requirements of this chapter.

 (a)  A charter school may not deny enrollment or otherwise discriminate in its admission policies or practices on the basis of a child’s disability or the child’s need for special education or supplementary aids or services.

 (b)  Subject to subsection (a), a charter school may limit admission to a particular grade level or areas of concentration of the school such as mathematics, science or the arts. A charter school may establish reasonable criteria to evaluate prospective students which shall be outlined in the school charter.

 (a)  When the educational records for a child with a disability are transferred from a public agency, private school, approved private school or private agency, to a charter school, the public agency, private school, approved private school or private agency from which the child transferred shall forward all of the child’s educational records, including the most recent IEP, within 10 days after the public agency, private school, approved private school or private agency is notified in writing that the child is enrolled in a charter school.

 (b)  When the educational records for a child with a disability are transferred to a public agency, private school, approved private school or private agency from a charter school, the charter school shall forward the child’s educational records, including the most recent IEP, within 10 school days after the charter school is notified in writing that the child is enrolled at another public agency, private school, approved private school or private agency.

 (a)  The child’s school district of residence shall provide the special education payment required by section 1725-A(a)(3) of the act (24 P. S. §  17-1725-A(a)(3)) to the charter school either when:

   (1)  A child with an IEP from a school entity in this Commonwealth begins attending the charter school.

   (2)  The charter school has identified an enrolled child as a child with a disability under the IDEA, has developed an IEP for the child, and notifies the district of residence of the identification.

 (b)  When a child for whom a charter school received the special education payment required under section 1725-A(a)(3) of the act enrolls in another public agency, private school or private agency in this Commonwealth, the charter school shall immediately inform the child’s school district of residence that its payment responsibilities under section 1725-A(a)(3) of the act have ceased.

IDENTIFICATION AND EVALUATION

§ 711.21. Child find.

 (a)  To enable the Commonwealth to meet its obligations under 34 CFR 300.125 (relating to child find), each charter school shall establish written policies and procedures to ensure that all children with disabilities that are enrolled in the charter school, and who are in need of special education and related services, are identified, located and evaluated.

 (b)  Each charter school’s written policy shall include:

   (1)  Public awareness activities sufficient to inform parents of children applying to or enrolled in the charter school of available special education services and programs and how to request those services and programs.

 (a)  The parent or teacher of a child with a disability has the right under 34 CFR Part 300 (relating to assistance to states for the education of children with disabilities) to request a reevaluation at any time.

 (b)  Charter schools shall reevaluate students with disabilities at least once every 3 years.

 (c)  Children with disabilities who are identified as mentally retarded shall be reevaluated at least once every 2 years.

IEP

§ 711.41. IEP.

 (a)  A child with a disability who resides in the school district in which the charter school is located, or who is a resident of a school district which is part of a regional charter school, shall be provided transportation to the charter school on the same terms and conditions as transportation is provided to students attending the schools of the district. Nonresident students shall be provided transportation under section 1361 of the Public School Code of 1949 (24 P. S. §  13-1361).

 To implement 34 CFR 300.309 (relating to day; business day; school day), the State ESY Standards are as follows:

   (1)  The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:

   Recoupment—Recovery of skills or behavioral patterns, or both, specified on the IEP to a level demonstrated prior to the interruption of educational programming.

   Regression—Reversion to a lower level of functioning evidenced by a measurable decrease in the level of skills or behaviors which occur as the result of an interruption in educational programming.

   (2)  A child with disabilities is entitled to ESY services if regression caused by interruption in educational programming and limited recoupment capacity, or other factors, makes it unlikely that the student will maintain skills and behavior relevant to established IEP goals and objectives.

   (3)  Factors such as those listed in this section shall be considered by the IEP teams whenever relevant, but no single factor is determinative of need for ESY services.

   (4)  Factors in addition to recoupment and regression include:

     (i)   The extent to which the student has mastered and consolidated an important skill or behavior at the point when educational programming would be interrupted.

     (ii)   The extent to which a skill or behavior is particularly crucial to reaching the goals of self-sufficiency and independence from caretakers.

     (iii)   The extent to which successive interruptions in educational programming reduce a student’s motivation and trust and may lead to an irreversible withdrawal from the learning process.

   (5)  Charter schools are responsible for considering the need for ESY services for each eligible student, including each student placed by the charter school in an approved private school or other placement site not operated by the charter school.

   (6)  Consideration of the need for ESY services shall occur at the IEP team meeting to be convened annually, or more frequently if conditions warrant consistent with Federal requirements in 34 CFR 300.343(c) (relating to IEP meetings). Consideration means that ESY services are raised and discussed at the IEP team meeting. In making a determination that a student is eligible for ESY services, the IEP team shall rely on criteria in this section and applicable judicial decisions.

   (7)  The need for ESY services is most applicable to students with disabilities that are thought of as severe (that is, students with autism/pervasive developmental disorder, serious emotional disturbance, severe levels of mental retardation, degenerative impairments with mental involvement and severe multiple disabilities) and to IEP goals that are associated with self-sufficiency and independence from caretakers. IEP teams may not limit their consideration of need for ESY services to students with particular types or degrees of disability, particular student goals, particular methods of programming provided during the regular school term, or the availability of retrospective data on regression and recoupment.

   (8)  ESY services shall be designed to maintain skills and behaviors established in IEP goals and objectives.

   (9)  Reliable sources of information regarding a student’s educational needs, propensity to progress, recoupment potential and year-to-year progress may include the following:

     (i)   Progress on goals in consecutive IEPs.

     (ii)   Progress reports maintained by educators, therapists and others having direct contact with the student before and after interruptions in the education program.

     (iii)   Reports by parents of negative changes in adaptive behaviors or in other skill areas.

     (iv)   Medical or other agency reports indicating degenerative-type difficulties, which become exacerbated during breaks in educational services.

     (v)   Observations and opinions by educators, parents and others.

     (vi)   Results of tests including criterion-referenced tests, curriculum-based assessments, ecological life skills assessments and other equivalent measures.

   (10)  Documentation that ESY services have been considered shall be made on each eligible student’s IEP. When determined to be necessary by the IEP team, ESY services shall be reflected on a student’s IEP.

   (11)  The need for ESY services will not be based on any of the following:

     (i)   The desire or need for day care or respite care services.

     (ii)   The desire or need for a summer recreation program.

     (iii)   The desire or need for other programs or services which, while they may provide educational benefit, are not required to ensure the provision of FAPE.

PROCEDURAL SAFEGUARDS

§ 711.61. Suspension and expulsion.

 (a)  For purposes of this chapter, the terms ‘‘suspension’’ and ‘‘expulsion’’ have the meanings as set forth in §  12.6 (relating to exclusions from school).

 (b)  Charter schools shall comply with Chapter 12 (relating to students) and 34 CFR 300.519—300.529.

 (c)  Any removal from the current educational placement is a change of placement for a student who is identified with mental retardation.

 (a)  The charter school shall ensure that procedures are established and implemented to allow parties to disputes regarding any matter described in 34 CFR 300.503(a)(1) (relating to prior notice by the public agency; content of notice), to resolve the dispute through a mediation process that, at a minimum, must be available whenever a hearing is requested under 34 CFR 300.507 or 300.520—300.528.

 (b)  The following apply to coordination services for special education and Section 504 hearings and to hearing officers and appellate hearing officers:

   (1)  The Secretary may contract for coordination services in support of hearings conducted by local charter schools. The coordination services shall be provided on behalf of charter schools and may include arrangements for stenographic services, arrangements for hearing officer services, scheduling of hearings and other functions in support of procedural consistency and the rights of the parties to hearings.

   (2)  If a charter school chooses not to utilize the coordination services under paragraph (1), it may conduct hearings independent of the services if it has obtained the Secretary’s approval of procedures that similarly provide for procedural consistency and ensure the rights of the parties. In the absence of approval, a charter school which receives a request for an impartial due process hearing shall forward the request within 5 days of its receipt to the entity providing coordination services under paragraph (1).

   (3)  The Secretary will contract for the services of panels of appellate hearing officers and may compensate appellate hearing officers for their services. The compensation does not cause the appellate hearing officers to become employees of the Department.

   (4)  Neither a hearing officer nor an appellate hearing officer may be an employee or agent of a school entity in which the parents or student or young child resides, or of an agency which is responsible for the education or care of the student or young child. A hearing officer or appellate hearing officer shall promptly inform the parties of a personal or professional relationship the officer has or has had with any of the parties.