SPECIAL EDUCATION TIMELINES IN PA

There are several steps to the PENNSYLVANIA SPECIAL EDUCATION SYSTEM. Timelines are included in state law to insure that school districts complete each step promptly. Please note that some timelines are in calendar days, while others are in school days; that is, days in which the schools are open.

If you find that your district does not follow a timeline, contact the special education director and discuss the problem. If you cannot get your school district to comply, you can file a complaint with the Division of Compliance, Bureau of Special Education, 333 Market Street, Harrisburg, PA 17126-0333. In some cases, you may have the right to receive compensatory services for your child if the violation is serious.

THE PRE-SCHOOL SYSTEM

For children ages 3 to 5:

All evaluations must be completed and a copy of the report given to the parents within 60 calendar days of the parents' consent. The child's program must be developed within 30 calendar days after the evaluation report is issued, and must begin within 14 calendar days of the parents' approval of the program.

Children in the pre-school system must be re-evaluated every two years, and their program must be reviewed, and, if necessary, revised, every year.

SPECIAL EDUCATION FOR SCHOOL AGE CHILDREN

A student must be fully evaluated and an Evaluation Report issued to the parents within 60 school days after the parents' written consent for an evaluation is received.

The student's program plan (called an IEP) must be developed with the parents within 30 calendar days after the evaluation report is issued.

The child must be placed in the program within 10 school days after the parents have approved the IEP and Notice of Recommended Educational Placement.

Youngsters in special education must be re-evaluated every 3 years, and their program must be reviewed, and if necessary revised, every year. Youngsters with mental retardation must be re-evaluated every two years.

COMPLAINT PROCEDURES

Parents have the right to request, in writing, a pre-hearing conference (PHC) at any time they are unhappy with the child's evaluation, program or progress. The PHC must be held within 10 calendar days of the school's receipt of the request.

Parents who cannot resolve their dispute with their school district at a PHC can request, in writing, an administrative due process hearing. The hearing must be held within 30 calendar days of the parents' request, unless the hearing officer extends the time.

The decision of the hearing officer must be issued within 45 calendar days after parents' request for the hearing is received.

The State Department of Education, Division of Compliance, has 60 calendar days to investigate and resolve a written complaint from parents who believe their or their child's rights under the special education laws have been violated.

Reprinted, with permission, from the Education Law Center.