PROCEDURAL SAFEGUARDS

1. (a) For purposes of this chapter, the terms ‘‘suspension’’ and ‘‘expulsion’’ have the meanings set forth in § 12.6 (relating to exclusions from school).
2. (b) Charter schools and cyber charter schools shall comply with Chapter 12 (relating to students) and 34 CFR 300.530—300.537, regarding discipline procedures.
3. (c) Any removal from the current educational placement is a change of placement for a student who is identified with an intellectual disability.
4. (d) When a child with a disability has been expelled from a charter school or cyber charter school, the charter school or cyber charter school shall provide the child with a disability with the education required under § 12.6(e) until the charter school or cyber charter school is notified in writing that the child is enrolled in another public agency, private school, approved private school or private agency.
5. (e) Notwithstanding the requirements incorporated by reference in 34 CFR 300.530(b) and 300.536 (relating to authority of school personnel; and change of placement because of disciplinary removals), a disciplinary exclusion of a student with a disability for more than 15 cumulative school days in a school year will be considered a pattern so as to be deemed a change in educational placement.

Authority

The provisions of this § 711.61 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)); and sections 1701-A—1732-A, 1749-A(b)(8) and 1751-A of the Public School Code of 1949 (24 P.S. § § 17-1701-A— 17-1732-A, 17-1749-A(b)(8) and 17-1751-A).

Source

The provisions of this § 711.61 amended June 27, 2008, effective July 1, 2008, 38 Pa.B. 3593; amended December 1, 2023, effective December 2, 2023, 53 Pa.B. 7487. Immediately preceding text appears at serial pages (363330) and (360543).