Bill Text: PA HB1161 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for dispute resolution for the education of exceptional children.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2011-03-23 - Referred to EDUCATION [HB1161 Detail]

Download: Pennsylvania-2011-HB1161-Introduced.html

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PRINTER'S NO. 1267
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1161 Session of2011
INTRODUCED BY D. O'BRIEN, CUTLER, FABRIZIO, REICHLEY AND SWANGER, MARCH 23, 2011
REFERRED TO COMMITTEE ON EDUCATION, MARCH 23, 2011
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," providing for dispute resolution for
the education of exceptional children.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 1372.2. Dispute Resolution for the Education of
Exceptional Children.--(a) There is hereby created an
independent Board of Dispute Resolution to administer a system
of dispute resolution regarding the education of exceptional
children. The board shall be an independent board under the
authority of the Governor. Those funds now appropriated to the
Office of Dispute Resolution under the Department of Education
shall be reappropriated to the board as of the effective date of
this section.
(b) The Secretary of Education, in consultation with the
board, shall, within one hundred eighty (180) days from the
effective date of this section, transfer all rights, duties and
responsibilities of the current administrative hearing structure
and supervision of the Office of Dispute Resolution to the
board. The Secretary of Education shall assist the board to
prepare for the transfer of funds and duties and to ensure a
smooth transition with as little disruption as possible to
impacted schools and citizens. Regulations, orders, policies and
procedures of the Office of Dispute Resolution shall remain in
effect until specifically amended, rescinded or altered by the
board, but in no case shall the old regulations be in effect
beyond one year from the effective date of this section. The
board shall ensure the establishment and maintenance of an
independent, impartial and efficient system of dispute
resolution for exceptional children.
(c) The board shall consist of the following members:
(1) Four members of the board shall be appointed by the
Governor. At least two of the members appointed by the Governor
shall be parents of a student currently being provided special
education services in this Commonwealth and at least two of the
members appointed by the Governor shall be persons with
professional knowledge in special education and the
administration of local education agencies or an intermediate
unit.
(2) Two members shall be appointed by the President pro
tempore of the Senate.
(3) Two members shall be appointed by the Speaker of the
House of Representatives.
(4) At least one appointee made by each of the appointing
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authorities described in paragraphs (1), (2) and (3) shall be an
attorney at law licensed by the Supreme Court of Pennsylvania
for a period no less than five (5) years.
(d) All appointees to the board must have demonstrated
experience in special education, whether through professional
education or training or through sufficient experience to
indicate a full comprehension of the issues and needs attendant
to educating students with special needs.
(e) All appointees to the board shall serve without pay but
with reimbursement of necessary expenses and shall serve for
periods of three (3) years and may be reappointed for additional
terms.
(f) The board shall maintain such staff and facilities as
are necessary to fulfill the mandates of this statute.
(g) The board shall employ as full-time employes hearing
officers and such additional personnel necessary to properly
exercise its duties. Hearing officers shall be persons with
demonstrated training or experience in the statutes, regulations
and best practices associated with educating students entitled
to special education.
(h) At the time of their appointment, and prior to their
participation in decision of any case, hearing officers shall
successfully complete a training program that at a minimum
includes training on the following:
(1) The statutes, regulations and case law associated with
educating students entitled to special education.
(2) The Pennsylvania Rules of Evidence and the Rules of
Civil Procedure.
(3) Educational programs designed for children with
disabilities.
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(4) Best practices for conducting administrative hearings
and writing administrative opinions.
(i) During each year of their service following appointment,
hearing officers shall participate successfully in twenty-four
(24) hours of continuing education for the issues described in
subsections (g) and (h). Hearing officers shall be appointed by
a two-thirds vote of the board. Hearing officers shall hear
administrative complaints as described more fully in 22 Pa. Code
Ch. 14 (relating to special education services and programs).
Hearing officers shall adhere to the rules of conduct contained
in 207 Pa. Code Chs. 33 (relating to code of judicial conduct),
51 (relating to standards of conduct of magisterial district
judges) and 61 (relating to rules governing the conduct of
members of the court of judicial discipline).
(j) Subject to the provisions of this act, the board shall
have all the powers and shall perform the duties generally
vested in and imposed upon independent administrative boards and
commissions by the act of April 9, 1929 (P.L.177, No.175), known
as "The Administrative Code of 1929," and its amendments and
shall be subject to all the provisions of such code that apply
generally to independent administrative boards and commissions.
(k) No member of the board, hearing officer or other employe
of the board shall hold any office or position, the duties of
which are incompatible with the duties of his office, or be
engaged in any business, employment or vocation which would
reasonably create an appearance of impropriety.
Section 2. This act shall take effect in 180 days.
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