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

2. Presented by Pennsylvania Department of Education Bureau of Special Education

3. Reminder from Chapter 16 Preamble
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.
All of the above information is from the preamble.

4. Preamble (cont.)
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.
Eliminating the requirement to reevaluate gifted students every 2 years should help in reducing paperwork.

5. Acronyms Update GMDT Gifted Multidisciplinary Team GMDE
Gifted Multidisciplinary Evaluation
GIEP
Gifted Individualized Education Plan
GWR
Gifted Written Report

6. Strategic Planning Update
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

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

8. Gifted Education
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
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.

9. Dual Exceptionalities Update
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.
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

10. Definition of Mentally Gifted
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)
This definition no longer includes IQ – it has been moved to define mentally gifted student

11. Definition of Mentally Gifted (cont.)
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
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

12. Definition of Mentally Gifted (cont.) Update
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
Masking factors
ESL
Disabilities both learning & physical
gender or race bias
socio/cultural deprivation
Processing Speed:
Refer people to the NAGC 1/08 Position Paper on "The Use of the WISC-IV in Gifted Identification" for best practice info and further elaboration.

13. Monitoring Procedures Update
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.
Procedures for compliance monitoring are to be outlined in a BEC.

14. Screening and Evaluation
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.
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

15. Screening and Evaluation (cont.)
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
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

16. GMDE Update
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.
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

17. GMDE Update
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

18. GMDE (cont.) Update
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
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

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

20. GMDE – Reevaluations Update
Required before changing educational placement or upon recommendation by GIEP team.
Must be completed within 60 calendar days (even over the summer)
There is no required time for conducting reevaluations.

21. GIEP Team Update 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
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”.

22. GIEP (cont.)
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

23. GIEP (cont.) Update
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 show proof of attendance, not agreement

24. 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 by signing the Notice Of Recommended Assignment [NORA] in person at the GIEP meeting, the GIEP cannot 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.

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

26. 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 PDE

27. Impartial Due Process 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)

28. Impartial Due Process (cont.)
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.
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.

29. Impartial Due Process (cont.)
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.
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.

30. Impartial Due Process Update
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

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 34