BSE Notice: State Regulations that Exceed Federal IDEA Requirements (February 24, 2021)

On February 24, 2021, BSE Director Carole L. Clancy disseminated a PennLink communiqué titled  Individuals with Disabilities Education Act: State Regulations that Exceed Federal Requirements, which states that the Individuals with Disabilities Education Act (IDEA), as amended, requires the Pennsylvania Department of Education (PDE) to identify in writing to local educational agencies regulations, rules, and policies that are state-imposed requirements and not required by IDEA and its regulations (20 USC §1407 (a) (2)). This notice fulfills the requirement to distribute an updated list of state-imposed requirements that exceed IDEA and its regulations.

Chapter 14 (22 Pa. Code Chapter 14)
§14.101           (Relating to Definitions)
§14.104           (Relating to Special Education Plans)
§14.105           (Relating to Personnel Qualifications and Caseload)
§14.106           (Relating to Access to Instructional Materials)
§14.108           (Relating to Access to Classrooms)
§14.121           (Relating to Child Find)
§14.123           (Relating to Evaluation)
§14.124           (Relating to Reevaluation)
§14.125           (Relating to Criteria for Specific Learning Disability)
§14.131           (Relating to Individualized Education Program)
§14.132           (Relating to Extended School Year)
§14.133           (Relating to Positive Behavior Support)
§14.143           (Relating to Disciplinary Placements)
§14.144           (Relating to Facilities)
§14.145           (Relating to Least Restrictive Environment Requirements)
§14.146           (Relating to Age Range Restrictions)
§14.152           (Relating to Child Find, Public Awareness and Screening)
§14.153           (Relating to Evaluation)
§14.154           (Relating to Individualized Education Program)
§14.155           (Relating to Range of Services)
§14.157           (Relating to Exit Criteria)
§14.158           (Relating to Data Collection)
§14.162           (Relating to Impartial Due Process Hearing and Expedited Due Process Hearing)
§14.163           (Relating to Resolution Session)

Chapter 711 (22 Pa. Code Chapter 711) 
§711.5             (Relating to Personnel)
§711.6             (Relating to Annual Report)
§711.7             (Relating to Enrollment)
§711.8             (Relating to Education Records)
§711.9             (Relating to Payments)
§711.21           (Relating to Child Find)
§711.22           (Relating to Reevaluation)
§711.24           (Relating to Evaluation)
§711.25           (Relating to Criteria for the Determination of Specific Learning Disability)
§711.41           (Relating to IEP)
§711.44           (Relating to Extended School Year)
§711.45           (Relating to Access to Instructional Materials)
§711.46           (Relating to Positive Behavior Support)
§711.61           (Relating to Suspension and Expulsion)
§711.62           (Relating to Procedural Safeguards)

Questions regarding this information should be directed to Jeanette Alexander at [email protected] or 717-783-6882.