Bermudian Springs School District v. Commonwealth
Bermudian Springs School District v. Commonwealth
Opinion of the Court
Opinion by
This case raises the issue of the allocation under Pennsylvania law of responsibility for educating handicapped children. The case arose when, in October of 1978, the Board of Directors of the Lincoln Intermediate Unit
Tbe four dissenting districts thereafter sought reconsideration by the Department of its decision to approve the LIU’s plan modification. Reconsideration was denied, and the districts were informed that approval of the amendments would stand. In May of 1979, one of the four districts acceded to the plan changes. The other three filed a petition for review in this court, wherein they challenged the failure of the Department to hold a hearing on whether .the LIU’s plan amendment should be approved. This Court, by order dated June 29, 1979, remanded the case with directions that the petitioners be afforded a hearing. The remand was without prejudice to the petitioners renewing their petitions for review if they failed to achieve their desired relief through the administrative process.
Hearings were held on June 9, 10 and 30, 1980 before a hearing officer designated by the Department. The hearing officer submitted a report to the Secretary of Education concluding that approval of the
We find no support for the petitioners’ contention that the LIU had an obligation to continue to operate EMR classes in their districts unless each district consented to the cessation of such classes. On the contrary, the authorities establish overwhelmingly that the primary responsibility for identifying all exceptional children and developing appropriate educational programs
Special Classes or Schools Established and Maintained by School Districts. Except as herein otherwise provided, it shall be the duty of the board of school directors of every school district to provide and maintain, or to jointly provide and maintain with neighboring districts, special classes or schools in accordance with the approved plan. ... If the approved*570 plan indicates that it is not feasible to form a special clas-s in any district or to provide such education for such child in the public schools of the district, the board of school directors of the district shall secure such proper education and training outside the public schools of the district or in special institutions, or by providing for teaching the child in his home____
In contrast, Section 1372(4) of the Code
The regulations of the Department are even more explicit in placing the primary responsibility for development and operation of special education programs on the local school districts. 22 Pa. Code §13.11 (b) identifies the responsibilities of the school districts and the intermediate units as follows:
The primary responsibility for providing an appropriate program of education or training, or both, shall be that of a school district. Where .such school district board cannot provide an appropriate program effectively and efficiently, it .shall use the services of the intermediate unit. The services of approved private schools, state schools, and out-of-state institutions may be used, as hereinafter provided, where intermediate unit boards and school district boards agree that they cannot provide ser*571 vices effectively and efficiently for handicapped sehoolaged persons.6
Finally, this court has repeatedly cited the primacy of the school districts’ responsibility for special education programs. See e.g. Krawitz v. Department of Education, 48 Pa. Commonwealth Ct. 155, 160, 408 A.2d 1202, 1205 (1979) (“It is the responsibility of the school district first and the intermediate unit next to provide programs of education or training. . . .”); Savka v. Department of Education, 44 Pa. Commonwealth Ct. 62, 403 A.2d 142 (1979).
In light of the foregoing authorities, there is no question that the LIU was not bound to continue EMR classes absent a showing that the petitioners themselves could not efficiently and effectively provide an appropriate educational program for EMR children in their districts. We find no basis for holding that by operating the classes in petitioners’ districts for several years, the LIU was estopped from discontinuing their operation. Nor do we detect any factual or legal error in the Secretary’s conclusion that the amendment procedure utilized by the LIU was valid.
Finally, we find no error in the Secretary’s conclusion that the petitioners failed to show that they could not operate EMR classes efficiently or effectively. The petitioners do not contend that they satisfied this burden. Rather, they assert that the burden was upon
Accordingly, we affirm the order of the Secretary.
Order
And Now, this 16th day of May, 1984, the Order of the Secretary of the Pennsylvania Department of Education is affirmed.
The Commonwealth’s public school system’s intermediate units were established by Sections 901-A through 921-A of the Public School Code of 1949, Act of March 10, 1949, P.L. 30, as amended, added by Section 1 of the Act of May 4, 1970, P.L. 311, 24 P.S. §§9-951 to 9-971.
Prior to 1973, all EME classes were operated by the county boards of school directors. With the creation of intermediate units, planning and service functions previously performed by the county boards were shifted to the intermediate units. In March of 1973. the LIU adopted a special education plan which called for each in
22 Pa. Code §13.1 defines an appropriate program as “[a] program of education or training for exceptional school-aged persons which meets their individual needs as agreed to by a parent, school district, or intermediate unit personnel; or as ordered by a hearing officer; or upon appeal as ordered by the Secretary of Education.”
24 P.S. §13-1372(3).
24 P.S. §13-1372(4).
This allocation of responsibility for providing special education program is echoed in 22 Pa. Code §341.22(a), which states:
(1) District operation. Special education programs and services shall be developed and operated by a school district when the school district is able to provide effective and efficient programs, including adequate housing and supervision.
(2) Intermediate unit operation. Special education programs and services shall be developed and operated by the intermediate unit when the school district cannot effectively and efficiently support such programs and services.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.