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Informal Hearings

Before a student is placed in an AEDY Program, the student must be provided with an informal hearing in accordance with the 22 Pa. Code § 12.8(c). The purpose of the informal hearing is to enable the student to meet with the appropriate school official to explain the circumstances surrounding the event for which the student is being disciplined and to determine whether or not the student should be disciplined.

The following requirements must be observed and documented through the AEDY Student Referral Process and must be available for review during site visits conducted by the PDE AEDY Team:

  1. Notification of the specific reasons for the removal from the regular education setting must be provided in writing to the parents or guardians and the student;
  2. Sufficient notice of the time and place of the informal hearing must be given;
  3. A student has the right to question any witnesses present at the hearing;
  4. A student has the right to speak to and produce witnesses on his or her own behalf; and
  5. The school entity shall offer to hold the informal hearing prior to placement in the AEDY Program.  If the student's presence in the regular education setting poses a continuing danger to persons or property or provides an ongoing disruption of the academic process, immediate placement in the approved AEDY program may occur with the informal hearing to follow.  The exception is generally discouraged and should be limited only to the most serious, ongoing infractions.