Pendency

Pendency

As of June 2008, state regulations were modified to incorporate pendent placement (stay-put status) for a child during mediation proceedings. These state special education regulations include:

22 Pa. Code Chapters 14.162 (s)

(s) Except as provided in 34 CFR 300.533 (relating to placement during appeals), during the pendency of any mediation proceeding conducted in accordance with 34 CFR 300.506 (relating to mediation), unless the school entity and the parents of the child agree otherwise, the child that is the subject of the mediation shall remain in the current education placement until the mediation process is concluded.

And

22 Pa. Code 711.62 (e)

(e) Except as provided in 34 CFR 300.533 (relating to placement during appeals), during the pendency of any mediation proceeding conducted in accordance with 34 CFR 300.506 (relating to mediation), unless the charter school or cyber charter school and the parents of the child agree otherwise, the child that is the subject of the mediation shall remain in the current education placement until the mediation process is concluded.

Mediation remains a voluntary option for parents and local education agencies (LEAs). However, if a parent requests mediation through the Office for Dispute Resolution within ten calendar days of receipt of a NOREP recommending a change in the students placement, the law now requires that the student remain in the current educational program, unless the parent and LEA agree otherwise. (Disciplinary changes in placement as outlined in 34 CFR 300.530 (c) and (g) are not covered by pendency during mediation.)

For more information on stay-put status, go to the following links: