Chapter 16 Special Education for Gifted Students

1. Chapter 16Special Education for Gifted Students

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

3. Preamble (continued) • Only certified school psychologists can administer tests and evaluation materials to determine giftedness • Reevaluations no longer required every 2 years

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

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

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

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

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.

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

11. GMDE - Reevaluations • Not required every two years • Required before changing educational placement or upon recommendation by GIEP team

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

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.

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

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

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