PROCEDURAL SAFEGUARDS NOTICE
Whenever a parent or a LEA files a due process complaint to request such a hearing, a hearing must be held that meets the requirements described under the headings Due Process Complaint Procedures, Hearings on Due Process Complaints, except as follows:
The SEA must arrange for an expedited due process hearing, which must occur within school days of the date the hearing is filed and must resulting a determination within school days after the hearing.
Unless the parents and the LEA agree in writing to waive the meeting, or agree to use mediation, a resolution meeting must occur within calendar days of receiving notice of the due process complaint. The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within calendar days of receipt of the due process complaint.
A party may appeal the decision in an expedited due process hearing in the same way as they may for decisions in other due process hearings (see Appeals, above).
When, as described above, the parent or LEA has filed a due process complaint related to disciplinary matters, the child must (unless the parent and the State Educational Agency or LEA agree otherwise) remain in the interim alternative educational setting pending the decision of the hearing officer, or until the expiration of the time period of removal as provided for and described under the heading Authority of School Personnel, whichever occurs first.
The disciplinary removal of a child with mental retardation attending either a LEA or a charter and cyber charter school for any amount of time is considered a change in placement under 22 Pa. Code Sec. 14.143 and requires NOREP/prior written notice (if the disciplinary event involve drugs, weapons and/or serious bodily injury). A removal from school is not a change in placement for a child who is identified with mental retardation when the disciplinary event involves weapons, drugs, and/or serious bodily injury.
According to certain assurances the Commonwealth entered into related to the PARC consent decree, an LEA may suspend on a limited basis a student with mental retardation who presents a danger to himself or others upon application and approval by the Bureau of Special Education and only to the extent that a student with a disability other than mental retardation could be suspended.
If a child has not been determined eligible for special education and related services and violates a code of student conduct, but the LEA had knowledge (as determined below) before the behavior that brought about the disciplinary action occurred, that the child was a child with a disability, then the child may assert any of the protections described in this notice.
Basis of knowledge for disciplinary matters
The parent of the child expressed concern in writing that the child is in need of special education and related services to supervisory or administrative personnel of appropriate educational agency, or a teacher of the child;
The parent request an evaluation related to eligibility for special education and related services under Part B of the IDEA;
The child’s teacher, or other LEA personnel expressed specific concerns about a pattern of behavior demonstrated by the child directly to the LEA’s director of special education or to other supervisory personnel of the LEA.
23July 2008 Revisions