1. Chapter 16 Special Education for Gifted Students
This can be used alone as a way of pointing out new things. Could also be used in conjunction with the chap. 14 & 16 side by side. Also, if time permits, chap 16 regulations can be used with it.

2. Clarification from Preamble
Delete gifted education from Chapters 14 & 342
Draw a clear distinction between gifted education as required by PA and special education for students with disabilities as required by Federal law
Continue to include gifted in Departmental tracking systems
Hear and investigate complaints
All of the above information is from the preamble.

3. Preamble (continued)
Only certified school psychologists can administer tests and evaluation materials to determine giftedness
Reevaluations no longer required every 2 years
Eliminating the requirement to reevaluate gifted students every 2 years should help in reducing paperwork.

4. Gifted Education SDI to meet the needs of a gifted student that is –
Conducted in an instructional setting
Provided in an instructional or skill area
Provided at no cost to the parents
Provided under the authority of a SD
Provided by an agency
Individualized
Reasonably calculated to yield meaningful educational benefit and progress
Provided in conformity with a GIEP
Similar to FAPE, however that term is only used for students with disabilities (IDEA).
Meaningful educational benefit and progress – accomplishment of or significant progress toward the GIEP annual goals.
Agency defined as IU, SD, AVTS, state operated program or facility or other public or private organization providing educational services to gifted students or students thought to be gifted.

5. New acronyms GMDT Gifted multidisciplinary team
GMDE Gifted multidisciplinary
evaluation
GIEP Gifted Individualized Education
Program
GWR Gifted Written Report

6. Dual diagnosis
For students with dual diagnosis it is not necessary to:
conduct separate screenings and evaluations
develop separate IEPs
use separate procedural safeguards procedures
Follow Chapter 14 requirements to develop an IEP that includes gifted
Students determined to be eligible for special education and needing gifted education, the processes followed under chapters 14 & 342 fully address the students’ needs related to disability as well as that for gifted status

7. Definition of Mentally Gifted
Outstanding intellectual and creative ability the development of which requires specially designed programs or support services, or both, not ordinarily provided in the regular education program
This definition no longer includes IQ – it has been moved to define mentally gifted student

8. Definition of Mentally Gifted (continued)
An IQ of 130 or higher (may not be based on IQ alone)
Multiple criteria includes:
Achievement test scores
Acquisition and retention rates
Demonstrated achievement, performance or expertise in one or more academic areas
High level thinking skills, academic creativity, leadership skills, academic interest areas, communication skills, foreign language aptitude or technology expertise
Evidence that intervening factors are not masking gifted abilities
Again emphasizes that IQ alone is not sufficient and multiple criteria must be used.
Multiple criteria include:
A year or more above grade ach. level in one or more subjects
An observed or measured rate of acquisition/retention of new academic content or skills that reflect gifted ability
Demonstrated achievement, performance or expertise in one or more academic areas as evidenced by excellence of product, portfolio or research, as well as criterion-referenced team judgment
Early and measured use of high level thinking skills, academic creativity, leadership skills, academic interest areas, communication skills, foreign language aptitude or technology expertise
Documented, observed, validated or assessed evidence that intervening factors such as ESL, LD, physical impairment, ED, gender or race bias, or socio/cultural deprivation are not masking gifted abilities

9. Screening and Evaluation
SD must adopt and use a system for identifying all students within the district who are thought to be gifted.
Public awareness activities must be designed to reach parents of students in the public schools and the parents of school-age children not enrolled in the public schools.
This is the same as Chapter 14, but the earlier version (Sept) had changed it to “enrolled” students. Ensure that procedures include those students who are not enrolled in the SD

10. GMDE
Team includes parent(s), current teacher(s), school psychologist, persons familiar with student’s educational performance and/or cultural background, and persons familiar with evaluation techniques
Referrals can be made by parent(s) or teachers
Parental requests for evaluation must be in writing and are limited to one per school term
Written report (GWR) requires names and positions but not signatures
GIEP team members are: parent(s), certified school psychologist, persons familiar with students education experience and performance, one or more of the student’s current teachers, persons trained in the appropriate evaluation techniques and, when possible, persons familiar with the students cultural background.
School term is defined as the period of time elapsing between the opening of public schools in the fall and the closing of public schools in the spring of the following year (i.e. September to June)
Parents can not request an evaluation more than once per school year (this is especially important regarding requests made for another initial evaluation following a determination that the student was not gifted).
Signatures are NOT required

11. GMDE - Reevaluations Not required every two years
Required before changing educational placement or upon recommendation by GIEP team
There is no required time for conducting reevaluations.

12. GIEP
Team shall include parent(s), student (if parents choose to have student participate), district representative, the student’s current teacher(s), other individuals at discretion of parent or SD
Notification to parents and others for attendance at GIEP meeting must be at least 10 calendar days in advance of the meeting
Annual goals must be written but do not have to be measurable
Short-term learning outcomes are measurable and should lead to annual goal
Signatures are not required
Teacher or teachers involved in the GIEP could be teacher of gifted students or regular ed teacher (preamble p. 3)
District representative (not LEA rep) – serve as chairperson of GIEP team, knowledgeable about availability of district resources and authorized by the district to commit those resources.
Chapter 342 requires that parents be notified “early enough to ensure the opportunity to attend”.

13. GIEP - Implementation
Within 10 school days or at start of school year if it was developed less than 30 calendar days before the last day of scheduled classes
If parents give consent (NORA) in person at GIEP meeting, the GIEP can not be implemented for at least 5 calendar days. This allows the parents the opportunity to revoke consent if they change their minds.
Notice must be presented to the parents in person at the conclusion of the GIEP conference or by certified mail within 5 calendar days after the completion of the GIEP conference. The parent shall have 10 calendar days to respond to NORA sent by mail or 5 calendar days to respond to notice presented in person at the conclusion of a GIEP conference. If the parents receive the notice in person and approve the recommended assignment within 5 calendar days, the school district may not implement the GIEP for at least 5 calendar days, to give the parents an opportunity to notify the district within the 5 day period of a decision to revoke the previous approval of the recommended assignment.

14. Caseload and Class size
Caseload - maximum of 75 students
Class size - maximum of twenty students

15. Mediation
Impartial mediator may be requested to assist parents and school district in resolving dispute issues
Mediation may not be used to deny or delay a party’s right to a due process hearing
Mediation agreement enforceable by the Department of Education

16. Impartial Due Process Pre-hearing conference is not required
Parents request should be in writing
May be filed concerning the identification, evaluation or educational placement, or the provision of gifted education for a student who is gifted or thought to be gifted
A relatively high percentage of pre-hearing conferences in the past were unable to solve differences, with the parties electing to proceed to due process proceeding anyway. (preamble)

17. Impartial Due Process (continued)
Parents may be represented by legal counsel and accompanied and advised by individuals with knowledge or training with respect to students who are gifted.
Hearing shall be held within 30 calendar days after request
Hearing officer’s decision shall be issued within 45-days after hearing request
Screening and evaluation issues were covered in previous trainer notes.
Impartial due process:
There was concern regarding who would be representing parents at a hearing and their level of expertise with the legal process. This wording ensures legal representation, but doesn’t preclude having others in attendance.

18. Impartial Due Process (continued)
Hearing is open to public unless otherwise requested
The hearing officer’s decision may be appealed to a three-member appeal panel
The decision of the appeal panel may be appealed to a court

19. End