22 Pa. Code Chapter 15
DUTY OF THE LOCAL EDUCATION AGENCY (LEA)
LEAs shall provide each protected handicapped student enrolled in the district, without cost to
the student or family, those related aids, services, or accommodations which are needed to afford
the student equal opportunity to participate in and obtain the benefits from the school programs
and extracurricular activities without discrimination, and to the maximum extent appropriate to
the student's abilities. To meet the criteria for services under Chapter 15, a student needs to be
identified as a protected handicapped student.
PROTECTED HANDICAPPED STUDENT
To meet the criteria of a protected handicapped student a child must be of school age and have a
physical or mental disability that substantially limits or prohibits participation in or access to an
aspect of the student's school program.
CRITERIA AND PROCESS FOR PROTECTED HANDICAPPED STUDENT STATUS
A child can be referred for evaluation of protected handicapped status either by the school district
or the parents of the child. In order to begin an evaluation, whether the LEA or the parents initiate
the evaluation, written notice is necessary. If the parents are requesting an evaluation, their request
needs to be presented to the school district in writing. If the school district is requesting an evaluation,
then the written Notice must be sent to the parents. Any pertinent information needed to make
the decision, including medical records, needs to be presented to the school district.
If the parents and the LEA agree that the student needs to have a service agreement, then the
service agreement is written and executed, after the parent(s) have signed the service agreement,
by a representative of the LEA. The service agreement specifically states the related aids, services,
and accommodations that the student will receive, and the date the services will begin and end.
If appropriate, a service agreement should also identify procedures to occur in the event the
student has a medical emergency. School districts are required to notify parents in writing of
their procedural safeguards, which may involve giving the parents a written procedural safeguard
notice along with the service agreement.
Parents and LEAs are entitled to the following Procedural Safeguards: Notice, Request for resolution,
Informal Conference, Due Process Hearing, Confidentiality
State Board of Education Regulations
22 Pa. Code Section 14.64
22 Pa. Code Chapter 15
29 USCA Section 794. Section 504 of the Rehabilitation Act of 1973