Chapter 16 Overview with 2008 Updates March 20, 2009 Dr. Shirley Curl

1. Chapter 16Overviewwith 2008 Updates March 20, 2009 Dr. Shirley Curl Edward G. Rendell, Governor Dr. Gerald L. Zahorchak, Secretary of Education 1

2. Presented byPennsylvaniaDepartment of EducationBureau of Special Education

3. Draw a clear distinction between gifted education as required by the Commonwealth of Pennsylvania and special education for students with disabilities as required by Federal law. Continue to include gifted in Departmental tracking systems. Reminder from Chapter 16 Preamble

4. Only certified school psychologists can administer IQ tests and evaluation materials to determine giftedness. Reevaluations are not required every 2 years. However, parents or school personnel can request an evaluation once per school term. Preamble(cont.)

5. AcronymsUpdate

6. Address the process for identifying children who are gifted and in need of specially designed instruction Outline the gifted programs offered by the school district Strategic PlanningUpdate

7. Provide PDE with reports of students, personnel and program elements Strategic PlanningUpdate (cont.)

8. Specially Designed Instruction (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 School District Provided by an agency Individualized Reasonably calculated to yield meaningful educational benefit and progress Provided in conformity with a GIEP Gifted Education

9. A single IEP will be developed for students with dual exceptionalities (i.e., a student with a disability who also meets the criteria for gifted services). Follow Chapter 14 requirements to develop an IEP that addresses both exceptionalities. Dual ExceptionalitiesUpdate

10. Outstanding intellectual and creative ability which requires specially designed programs or support services, or both, not ordinarily provided in the regular education program. An IQ of 130 or higher or when multiple criteria strongly indicate gifted ability (may not be based on IQ alone) Definition of Mentally Gifted

11. Multiple criteria includes: Achievement test scores Acquisition and retention rates Demonstrated achievement, performance or expertise in one or more academic areas Higher level thinking skills, academic creativity, leadership skills, academic interest areas, communication skills, foreign language aptitude or technology expertise Definition of Mentally Gifted(cont.)

12. Evidence that intervening factors are masking gifted abilities Deficits in memory or processing speed, as indicated by testing, cannot be the sole basis upon which a student is determined to be ineligible for gifted education Definition of Mentally Gifted(cont.)Update

13. The Pennsylvania Department of Education (PDE) will conduct onsite monitoring of school entities to ensure compliance with Chapter 16. PDE will also establish a formal complaint procedure for parents to file complaints and school districts to respond. Monitoring Procedures Update

14. School Districts 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. Screening and Evaluation

15. Awareness activities shall be conducted annually Information shall be provided in local media such as local newspapers, student handbooks, and on the school district website Screening and Evaluation(cont.)

16. 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. GMDEUpdate

17. Parental requests for evaluation must be in writing and are limited to one per school term. If a request is made orally, the district must provide a permission to evaluate form within 10 calendar days GMDE Update

18. The initial student evaluation must be completed within 60 calendar days after the school receives written parental consent for the evaluation or an order of a court or hearing officer. GWR requires names and positions but not signatures GMDE(cont.)Update

19. The Gifted Multidisciplinary Team is required to include, in its written report, its recommendations for each student's educational programming GWRUpdate

20. Required before changing educational placement or upon recommendation by GIEP team. Must be completed within 60 calendar days GMDE – ReevaluationsUpdate

21. One or both of the student's parents. The student if the parents choose to have the student participate. A representative of the district, who will serve as the chairperson of the GIEP team, who is knowledgeable about the availability of resources of the district, and who is authorized by the district to commit those resources. One or more of the student's current teachers. Other individuals at the discretion of either the parents or the district. A teacher of the gifted GIEP TeamUpdate

22. Notification to parents and others for attendance at GIEP meeting must be at least 10 calendar days in advance of the meeting The school district shall establish and implement procedures designed to ensure that the parents of the gifted student are offered the opportunity to be present at each GIEP team meeting GIEP(cont.)

23. Short-term learning outcomes are measurable and should lead to annual goal Include the anticipated frequency, and location of gifted education in the GIEP Require the school to notify teachers of their responsibilities to each of their students who are identified as gifted Signatures are not required GIEP(cont.)Update

24. 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 by signing the Notice Of Recommended Assignment [NORA] in person at the 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. GIEP - Implementation

25. Caseload - maximum of 75 students Caseload – maximum of 65 students beginning July 1, 2010 Class size - maximum of 20 students Caseload and Class SizeUpdate

26. 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 PDE Mediation

27. 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 Impartial Due Process

28. 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. Impartial Due Process(cont.)

29. Hearing officer’s decision shall be issued within 45 calendar days after hearing request. Hearing is open to public unless the parents request a closed hearing within 5 days in advance of the hearing. Impartial Due Process(cont.)

30. If a parent fails to respond or refuses to consent to the initial provision of gifted services, neither due process nor mediation may be used to obtain agreement or a ruling that the services may be provided Impartial Due Process Update

31. Edward G. Rendell Governor Gerald L. Zahorchak Secretary of Education

32. Office of Elementary & Secondary Education Diane Castelbuono, Deputy Secretary Bureau of Special Education John J. Tommasini, Director Division of Improvement & Technical Assistance-Central Richard Moss, Division Chief

33. The Pennsylvania Department of Education (PDE) does not discriminate in its educational programs, activities or employment practices based on race, color, national origin, sex, sexual orientation, disability, age, religion, ancestry, union membership, or any other legally protected category. This policy is in accordance with state law, including Pennsylvania’s Human Relations Act, and with federal law, including Title IV and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967 and the American Disabilities Act of 1990.

34. The mission of the Pennsylvania Department of Education is to lead and serve the educational community, to enable each individual to grow into an inspired, productive, fulfilled lifelong learner. 34