237 Pa. Code r. 147

Current through Register Vol. 54, No. 49, December 7, 2024

Rule 147 - Educational Decision Maker

A.Generally. At any proceeding or upon motion, the court shall appoint an educational decision maker for the juvenile if it determines that:

1) The juvenile has no guardian; or

2) The court, after notice to the guardian and an opportunity for the guardian to be heard, has made a determination that it is in the juvenile's best interest to limit the guardian's right to make decisions regarding the juvenile's education.

B.Notice of hearings. The educational decision maker shall receive notice of all proceedings.

C.Duties and responsibilities. The educational decision maker shall:

1) make appropriate inquiries and take appropriate actions to ensure that:

a) issues concerning school discipline matters are addressed;

b) The juvenile is receiving appropriate education that will allow the juvenile to meet state standards, including any necessary services concerning special education in the least restrictive environment, or remedial services;

c) The juvenile, who is receiving services concerning special education, is engaged in transition planning with the school entity beginning no later than the school year in which the juvenile turns fourteen;

d) The juvenile approaching discharge from a delinquency placement will be promptly enrolled in an appropriate program of instruction that addresses the juvenile's educational needs; and

e) any other educational matters, as appropriate in the juvenile's best interest, are addressed.

2) address the juvenile's educational needs by:

a) meeting with the juvenile at least once and as often as necessary to make decisions regarding education that are in the juvenile's best interests;

b) participating in special education and other meetings, and making decisions regarding all matters affecting the juvenile's educational needs in a manner consistent with the juvenile's best interests;

c) making any specific recommendations to the court relating to:

i) the timeliness and appropriateness of the juvenile's educational placement; and

ii) services necessary to address the juvenile's educational needs;

d) appearing and testifying at court hearings when necessary; and

e) having knowledge and skills that ensure adequate representation of the juvenile.

237 Pa. Code r. 147

The provisions of this Rule 147 adopted April 29, 2011, effective 7/1/2011, 41 Pa.B. 2413.