Pennsylvania Code
Title 22 - EDUCATION
Part XX - Charter Schools
Chapter 711 - CHARTER SCHOOL AND CYBER CHARTER SCHOOL SERVICES AND PROGRAMS FOR CHILDREN WITH DISABILITIES
GENERAL PROVISIONS AND SUPERVISION
Section 711.3 - Incorporation of Federal regulations
Universal Citation: 22 PA Code ยง 711.3
Current through Register Vol. 54, No. 12, March 23, 2024
(a) Charter schools and cyber charter schools assume the duty to ensure that a FAPE is available to a child with a disability in compliance with 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 as published at 71 FR 46540-46845 (August 14, 2006), amended at 73 FR 73006-73029 (December 1, 2008) are incorporated by reference, as follows:
(1)
34 CFR
300.4-300.8(a) and (c)
(relating to act; assistive technology device; assistive technology service;
charter school; and child with a disability).
(2)
34 CFR
300.9-300.15 (relating to consent; core
academic subjects; day; business day; school day; educational service agency;
elementary school; equipment; and evaluation).
(3)
34 CFR
300.17-300.19 (relating to
free appropriate public education; highly qualified special education teachers;
and homeless children).
(4)
34 CFR
300.22 and
300.23 (relating to individualized
education program; and individualized education program team).
(5)
34 CFR
300.27-300.30 (relating to
limited English proficient; local educational agency; native language; and
parent).
(6)
34 CFR
300.32-300.37 (relating to
personally identifiable; public agency; related services; scientifically based
research; and secondary school).
(7)
34 CFR
300.39 (relating to special
education).
(8)
34 CFR
300.41-300.45 (relating to
State educational agency; supplementary aids and services; transition services;
universal design; and ward of the state).
(9)
34 CFR
300.101 and
34 CFR
300.102 (relating to free appropriate public
education (FAPE); and limitation-exception to FAPE for certain ages).
(10)
34 CFR
300.104-300.108 (relating to
residential placement; assistive technology; extended school year services;
nonacademic services; and physical education).
(11)
34 CFR
300.113 and
300.114(a)(2)
(relating to routine checking of hearing aids and external components of
surgically implanted medical devices; and LRE requirements).
(12)
34 CFR
300.115-300.117 (relating to
continuum of alternative placements; placements; and nonacademic
settings).
(13)
34 CFR
300.122 (relating to evaluation).
(14)
34 CFR
300.148 (relating to placement of children by
parents when FAPE is at issue).
(15)
34 CFR
300.160 (relating to participation in
assessments).
(16)
34 CFR
300.172 (relating to access to instructional
materials).
(17)
34 CFR
300.174 (relating to prohibition on mandatory
medication).
(18)
34 CFR
300.207 (relating to personnel
development).
(19)
34 CFR
300.210-300.213 (relating to
purchase of instructional materials; information for SEA; public information;
and records regarding migratory children with disabilities).
(20)
34 CFR
300.226 (relating to early intervening
services).
(21)
34 CFR
300.300 and
300.301 (relating to parental
consent; and initial evaluations).
(22)
34 CFR
300.302-300.307(a)(1)(2) and
(b) (relating to screening for instructional
purposes is not evaluation; reevaluations; evaluation procedures; additional
requirements for evaluations and reevaluations; determination of eligibility;
and specific learning disabilities).
(23)
34 CFR
300.308-300.311 (relating to
additional group members; determining the existence of a specific learning
disability; observation; and specific documentation for the eligibility
determination).
(24)
34 CFR
300.320-300.325 (relating to
definition of individualized education program; IEP Team; parent participation;
when IEPs must be in effect; development, review, and revision of IEP; and
private school placement by public agencies).
(25)
34 CFR
300.327 and
300.328 (relating to educational
placements; and alternative means of meeting participation).
(26)
34 CFR
300.501-300.508 (relating to
opportunity to examine records; parent participation in meetings; independent
education evaluation; prior notice by the public agency, content of notice;
procedural safeguards notice; electronic mail; mediation; filing a due process
complaint; and due process complaint).
(27)
34 CFR
300.510-300.516 (relating to
resolution process; impartial due process hearing; hearing rights; hearing
decisions; finality of decision; appeal; partial review; timelines and
convenience of hearings and reviews; and civil action).
(28)
34 CFR
300.518(a), (b) and (d) and
300.519 (relating to child's
status during proceedings; and surrogate parents).
(29)
34 CFR
300.530-300.537 (relating to
authority of school personnel; determination of setting; appeal; placement
during appeals; protections for children not determined eligible for special
education and related services; referral to and action by law enforcement and
judicial authorities; change of placement because of disciplinary removals; and
state enforcement mechanisms).
(30)
34 CFR
300.610-300.625 (relating to
confidentiality; definitions; notice to parents; access rights; record of
access; records on more than one child; list of types and locations of
information; fees; amendment of records at parent request; opportunity for a
hearing; result of hearing; hearing procedures; consent; safeguards;
destruction of information; and children's rights).
(c) The requirements of 34 CFR Part 104 are incorporated by reference as follows:
(1)
104.3(f), (h)-(j), (k)(2) and (1) (relating to definitions).
(2) 104.4-104.8, regarding discrimination
prohibited; assurances required; remedial action; designation of responsible
employee; and notice.
(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,
regarding accessibility.
The provisions of this § 711.3 amended under sections 1732-A(c)(2) and 1749-A(b)(8) of the Charter School Law (24 P. S. 17-1732-A(c)(2) and 17-1749-A(b)(8).
This section cited in 22 Pa. Code § 711.4 (relating to supervision).
Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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