237 Pa. Code r. 1147

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

Rule 1147 - Educational Decision Maker

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

1) the child 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 child's best interest to limit the guardian's right to make decisions regarding the child'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 the child's educational stability are addressed;

b) school discipline matters are addressed;

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

d) the child, who is fourteen years of age or older, is receiving the necessary educational services to transition to successful adulthood;

e) the child, 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 child turns fourteen; and

f) the child, who is aging out of care within ninety days, has a transition plan that addresses the child's educational needs, and if applicable, the plan is coordinated with the child's transition planning concerning special education under the Individuals with Disabilities Education Act.

2) address the child's educational needs by:

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

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

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

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

ii) the timeliness and appropriateness of the child's transitional planning; and

iii) services necessary to address the child's educational needs;

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

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

237 Pa. Code r. 1147

The provisions of this Rule 1147 adopted April 29, 2011, effective 7/1/2011, 41 Pa.B. 2413; amended December 21, 2018, effective 5/1/2019, 49 Pa.B. 208, 610.