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Pennsylvania Statutes Title 24 P.S. Education § 14-1404-B. Annual plan and waiver

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Submission of annual plan.--An innovation school shall annually submit a plan for academic and social programs to the department, the Department of Human Services and the Department of Labor and Industry for coordinated review and approval. The annual plan shall include any requests to waive Federal or State requirements under subsection (c).

(b) Approval of annual plan.--The department, in coordination with the Department of Human Services and the Department of Labor and Industry, shall approve an annual plan under subsection (a) if the proposed annual plan will improve the delivery of education for the prospective student population.

(c) Waiver procedures.--The following apply:

(1) Upon approval of an annual plan under subsection (b), the department, in coordination with the Department of Human Services and the Department of Labor and Industry, shall do all of the following as may be necessary to implement the annual plan:

(i) Waive State regulations.

(ii) Apply for a Federal waiver.

(2) The department, the Department of Human Services and the Department of Labor and Industry, may waive State regulations or apply for a Federal waiver in the following categories:

(i) Academic Testing or testing periods.

(ii) Academic assistance.

(iii) College and career preparations.

(iv) Before-school and after-school care or programs.

(v) Behavioral health services.

(vi) Social services.

(vii) Integrated student support services.

(viii) Behavior intervention.

(3) A written request for the waiver of a State regulation may be granted if there is no jeopardy to the health, safety or welfare of students. The department, the Department of Human Services or the Department of Labor and Industry, as appropriate, shall notify the school of the approval of a waiver within 10 days of the waiver request. The notification to the school shall include approval for implementation of that part of the annual plan related to the approved waiver.

(4) If the Federal Government approves the application for a Federal waiver under paragraph (1), the department, the Department of Human Services or the Department of Labor and Industry, as appropriate, shall notify the school of the approval within 10 days of its receipt of approval from the Federal Government. The notification to the school shall include approval for implementation of that part of the annual plan related to the approved waiver.

(5) If a request for a waiver of a State regulation is denied, the department, the Department of Human Services and the Department of Labor and Industry may not authorize that portion of the annual plan related to the denied State waiver. The department, the Department of Human Services or the Department of Labor and Industry, as appropriate, shall notify the school of the denial within 10 days of the waiver request. The notification to the school shall include a written explanation of the basis for the denial.

(6) If the Federal Government denies the application for a Federal waiver under paragraph (1), the department, the Department of Human Services and the Department of Labor and Industry may not authorize that portion of the annual plan related to the denied Federal waiver. The department, the Department of Human Services or the Department of Labor and Industry, as appropriate, shall notify the school of the denial within 10 days of its receipt of the denial from the Federal Government. The notification to the school shall include a written explanation of the basis for the denial.

(d) Plan denials.--If an annual plan or amendments to the annual plan are denied, the department shall provide to the school a written explanation of the basis for the department's action.

(e) Amendments.--A school may resubmit an amended annual plan, waiver request or amended plan for creating an innovation school no less than 60 days after denial.

(f) Coordination.--Upon approval of an annual plan under subsection (b), the department shall coordinate with the Department of Human Services regarding licensure of the innovation school or the individually licensed health care practitioners, as necessary. The Department of Human Services shall facilitate enrollment of the innovation school's designated health care practitioners as providers to participate in the medical assistance program to provide medically necessary services to students who are medical assistance beneficiaries.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 24 P.S. Education § 14-1404-B. Annual plan and waiver - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-24-ps-education/pa-st-sect-24-14-1404-b/

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