THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY D. O'BRIEN, BARRAR, BELFANTI, CALTAGIRONE, COHEN, CREIGHTON, DENLINGER, DONATUCCI, FABRIZIO, FRANKEL, GEORGE, GOODMAN, GROVE, GRUCELA, HARHAI, HARKINS, KIRKLAND, KORTZ, McILVAINE SMITH, M. O'BRIEN, RAPP, SIPTROTH, K. SMITH, SONNEY AND WALKO, FEBRUARY 3, 2009

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 3, 2009  

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," further 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effect until specifically amended, rescinded or altered by the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

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 Pennsylvania

Rules of Practice and Procedure.

(3)  Educational programs designed for children with

disabilities.

(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 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.