[30 Pa.B. 6330]
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GIEP § 16.31. General.
(a) A GIEP is a written plan describing the education to be provided to a gifted student. The initial GIEP shall be based on and be responsive to the results of the evaluation and shall be developed and implemented in accordance with this chapter.
(b) If a gifted student moves from one school district in this Commonwealth to another, the new district shall implement the existing GIEP to the extent possible or shall provide the services and programs specified in an interim GIEP agreed to by the parents until a new GIEP is developed and implemented in accordance with this section and §§ 16.32 and 16.33 (relating to GIEP; and support services) or until the completion of due process proceedings under §§ 16.61--16.65 (relating to procedural safeguards).
(c) Every student receiving gifted education provided for in an IEP developed prior to December 9, 2000, shall continue to receive the gifted education under that IEP until the student's GIEP is developed. For a student also eligible under Chapters 14 and 342 (relating to special education services and programs), the student will continue to receive gifted education under that IEP until revised.
(d) Every student receiving gifted education prior to December 9, 2000, shall continue to receive gifted education until the student one of the following conditions exists:
(1) The student graduates from high school.
(2) The student is no longer of school age.
(3) A GIEP team determines that the student no longer needs gifted education.
§ 16.32. GIEP.
(a) Each school district shall establish and implement procedures to appoint a GIEP team to review the recommendations of the GMDT and, if the GIEP team determines a student is gifted, to develop a GIEP for the student. The GIEP shall be developed at a GIEP meeting and based on data and information presented at that meeting.
(b) The GIEP team, in accordance with the requirements of this chapter shall, based upon the evaluation report, develop an initial GIEP for a student it determines to be a gifted student, and arrive at a determination of educational placement. Revisions to GIEPs, changes in educational placement, or continuation of educational placement for a student determined to be a gifted student shall be made by the GIEP team based upon a review of the student's GIEP and instructional activities, as well as on information in the most recent evaluation.
(c) Each GIEP team shall include persons who meet the following qualifications:
(1) One or both of the student's parents.
(2) The student if the parents choose to have the student participate.
(3) 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.
(4) One or more of the student's current teachers.
(5) Other individuals at the discretion of either the parents or the district.
(d) 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. These procedures shall include any one or a combination of the following: documented phone calls, letters and certified letters with return receipts. Agencies shall maintain documentation of their efforts to encourage parents to attend. By including them in the invitation, the following shall be considered reasonable efforts to ensure parent participation in the GIEP meeting:
(1) The purpose, time and location of the meeting.
(2) The names of the persons expected to attend.
(3) The procedural rights available to protect the student and parent, in language which is clear and fully explains all rights.
(4) That a determination will be made at the meeting as to whether or not the student is gifted.
(5) That if the student is determined to be gifted, a GIEP will be developed.
(6) Notifying the parent and other persons who will be attending at least 10 calendar days in advance to ensure that the parent will have an opportunity to attend.
(e) The GIEP of each gifted student shall be based on the GMDT's recommendations and shall contain the following:
(1) A statement of the student's present levels of educational performance.
(2) A statement of annual goals and short-term learning outcomes which are responsive to the learning needs identified in the evaluation report.
(3) A statement of the specially designed instruction and support services to be provided to the student.
(4) Projected dates for initiation and anticipated duration of gifted education.
(5) Appropriate objective criteria, assessment procedures and timelines for determining, on at least an annual basis, whether the goals and learning outcomes are being achieved.
(6) The names and positions of GIEP team participants and the date of the meeting.
(f) A copy of the GIEP shall be provided to the parents, along with a notice of parental rights under §§ 16.61--16.65 (relating to procedural safeguards).
(g) The following timeline governs the preparation and implementation of GIEPs:
(1) A GIEP shall be developed within 30 calendar days after issuance of a GMDT's written report.
(2) The GIEP of each student shall be implemented no more than 10 school days after it is signed or at the start of the following school year if completed less than 30 days before the last day of scheduled classes in accordance with § 16.62(5) (relating to consent).
(3) GIEP team meetings shall be convened at least annually, or more frequently if conditions warrant, as well as following an evaluation or reevaluation. A GIEP team meeting shall also be convened at the request of a GIEP team member, the parent, the student or the school district.
§ 16.33. Support services.
(a) The GIEP team, during the development, review or revision of a GIEP, shall determine whether the gifted student needs one or more support services.
(b) The GIEP team shall conclude that transportation to and from school psychological services, parent counseling and education, or another service is a support service if the GIEP team determines that one of the following criteria has been met:
(1) The service is an integral part of an educational objective of the student's GIEP, without which the GIEP cannot be implemented.
(2) The service is needed to ensure the student benefits from or gains access to a gifted education program.
EDUCATIONAL PLACEMENT § 16.41. General.
(a) The GIEP team shall base educational placement decisions on the gifted student's needs.
(b) Districts may use administrative and instructional strategies and techniques in the provision of gifted education for gifted students which do not require, but which may include, categorical grouping of students. The placement shall:
(1) Enable the provision of appropriate specially designed instruction based on the student's need and ability.
(2) Ensure that the student is able to benefit meaningfully from the rate, level and manner of instruction.
(3) Provide opportunities to participate in acceleration or enrichment, or both, as appropriate for the student's needs. These opportunities shall go beyond the program that the student would receive as part of a general education.
(c) Districts shall adopt board policies relating to caseloads and class sizes for gifted students which:
(1) Ensure the ability of assigned staff to provide the services required in each gifted student's GIEP.
(2) Address all the educational placements for gifted students used by the district.
(3) Limit the total number of gifted students which can be on an individual gifted teacher's caseload to a maximum of 75 students.
(4) Limit the total number of gifted students which can be on an individual gifted teacher's class roster to a maximum of 20 students.
(d) Caseload and class size maximums may be waived by the Secretary upon written request by the district for extenuating circumstances.
(e) Gifted educational placement may not be based on one or more of the following:
(1) Lack of availability of placement alternatives.
(2) Lack of availability or efforts to make educational or support services available.
(3) Lack of staff qualified to provide the services set forth in the GIEP.
(4) Lack of availability of space or of a specific facility.
(5) Administrative convenience.
§ 16.42. Parental placement in private schools.
(a) This chapter does not limit the right of parents to have their gifted children educated at private schools completely at private expense.
(b) The home education program of a gifted child shall be governed by sections 1327 and 1327.1 of the School Code (24 P. S. §§ 13-1327 and 13-1327.1).
PROCEDURAL SAFEGUARDS § 16.61. Notice.
(a) A school district shall document the provision of written notice to the parents of a gifted student at least 10 school days prior to one or more of the following events:
(1) The school district proposes to conduct a gifted multidisciplinary evaluation or reevaluation of the student.
(2) The school district proposes or refuses to initiate or change the identification, evaluation or educational placement of the student, or proposes or refuses to make any significant changes in the GIEP.
(b) A change in the identification, evaluation, educational placement or GIEP of a gifted student may not be made during the pendency of an administrative or judicial proceeding unless agreed to by the parties to the proceeding.
(c) The content of notices to the parents shall be written in language understandable to the general public. If necessary, the content of notices shall be communicated orally in the native language or directly so that the parents understand the content of the notices.
(d) The notice shall include:
(1) A description of the action proposed or refused by the district, an explanation of why the district proposes or refuses to take the action and a description of options the district considered and the reasons why those options were rejected.
(2) A description of each evaluation procedure, type of test, record or report used as a basis for the action.
(3) A description of other factors relevant to the district's action.
(4) A full explanation of the procedural safeguards, including the right to an impartial hearing available to the student or the parents under this chapter.
(e) The notice shall inform the parents of the following:
(1) The addresses and telephone numbers of various organizations which are available to assist in connection with the hearing.
(2) The timelines involved in conducting an evaluation, developing a GIEP, and initiating a hearing.
(3) An outside evaluation submitted by the parents shall be considered.
(4) The information in § 16.63 (relating to impartial due process hearing).
§ 16.62. Consent.
The district shall document that written parental consent is obtained prior to:
(1) Conducting an initial multidisciplinary evaluation.
(2) Initially placing a gifted student in a gifted program.
(3) Disclosing to unauthorized persons information identifiable to a gifted student.
(4) When completed, the GIEP provided for in § 16.32 (relating to GIEP) shall be presented to the parents, along with a notice of recommended assignment signed by the school district superintendent provided for in § 16.61 (relating to notice) and a notice of parental right to an impartial due process hearing under § 16.63 (relating to impartial due process hearing). The notice shall 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.
(5) The parents shall have 10-calendar days to respond to a notice of recommended assignment sent by mail or 5 calendar days to respond to a 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.
§ 16.63. Impartial due process hearing.
(a) Parents may request in writing an impartial due process hearing concerning the identification, evaluation or educational placement of, or the provision of a gifted education to, a student who is gifted or who is thought to be gifted if the parents disagree with the school district's identification, evaluation or placement of, or the provision of a gifted education to the student.
(b) A school district may request in writing a hearing to proceed with an initial evaluation or an initial educational placement when the district has not been able to obtain consent from the parents or in regard to a matter under subsection (a).
(c) The hearing shall be conducted by and held in the local school district at a place reasonably convenient to the parents. At the request of the parents, the hearing may be held in the evening. These options shall be set forth in the form provided for requesting a hearing.
(d) The hearing shall be an oral, personal hearing and shall be open to the public unless the parents request a closed hearing 5 days in advance of the hearing. If the hearing is open, the decision issued in the case, and only the decision, shall be available to the public. If the hearing is closed, the decision shall be treated as a record of the student and may not be available to the public.
(e) The decision of the hearing officer shall include findings of fact, a discussion and conclusions of law. Although technical rules of evidence will not be followed, the decision shall be based solely upon the substantial evidence presented during the course of the hearing.
(f) The hearing officer shall have the authority to order that additional evidence be presented.
(g) A written transcript of the hearing shall, upon request, be made and provided to parents at no cost.
(h) Parents may be represented by legal counsel and accompanied and advised by individuals with special knowledge or training with respect to students who are gifted.
(i) A parent or a parent's representative shall be given access to educational records, including any tests or reports upon which the proposed action is based.
(j) A party may prohibit the introduction of evidence at the hearing that has not been disclosed to that party at least 5-calendar days before the hearing.
(k) A party has the right to present evidence and testimony, including expert medical, psychological or educational testimony.
(l) The decision of the impartial hearing officer may be appealed to a panel of three appellate hearing officers. The panel's decision may be appealed further to a court of competent jurisdiction. In notifying the parties of its decision, the panel shall indicate the courts to which an appeal may be taken.
(m) The following applies to coordination services for hearings and to hearing officers:
(1) The Secretary may contract for coordination services in support of hearings conducted by local school districts. The coordination services shall be provided on behalf of school districts and may include arrangements for stenographic services, arrangements for hearing officer services, scheduling of hearings and other functions in support of procedural consistency and the rights of the parties to hearings.
(2) If a school district chooses not to utilize the coordination services under paragraph (1), it may conduct hearings independent of the services if its procedures similarly provide for procedural consistency and ensure the rights of the parties. In the absence of its own procedures, a school district which receives a request for an impartial due process hearing shall forward the request to the agency providing coordination services under paragraph (1) without delay.
(3) A hearing officer may not be an employe or agent of a school district in which the parents or student resides, or of an agency which is responsible for the education or care of the student. A hearing officer shall promptly inform the parties of a personal or professional relationship the officer has or has had with any of the parties.
(n) The following timeline applies to due process hearings:
(1) A hearing shall be held within 30-calendar days after a parent's or school district's initial request for a hearing.
(2) The hearing officer's decision shall be issued within 45-calendar days after the parent's or school district's request for a hearing.
(o) Each school district shall keep a list of the persons who serve as hearing officers. The list shall include the qualifications of each hearing officer. School districts shall provide parents with information as to the availability of the list and shall make copies of it available upon request.
§ 16.64. Mediation.
(a) Mediation is a process in which parents and agencies involved in a special education for gifted students dispute may obtain the assistance of an impartial mediator in attempting to reach a mutually agreeable settlement.
(b) The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise:
Joint session--A stage of the mediation conference when the mediator meets with the parties and participants together and each party is given a reasonable uninterrupted opportunity to present the issues and concerns.
Mediation agreement--A written record of agreement reached by the parties.
Mediation conference--A structured, but informal meeting of the parties and participants with a mediator. The purpose of the conference is to develop a mutually acceptable, written agreement that is binding on the parties.
Mediator--An impartial, neutral person who helps parties involved in a conflict to develop their own solutions to the dispute. The term does not include a person who makes decisions about the conflict for the parties.
Participants--Other persons appearing at the mediation conference on behalf of either party, such as other family members and specialists.
Parties--The parents and designated agency personnel involved in the conflict.
Private session (caucus)--A private meeting between the mediator and only one of the parties to further clarify that party's position and to explore possible solutions to the conflict. The mediator may not share information from the private session without consent of the party.
(c) If a dispute is resolved through mediation, a written agreement shall be prepared and placed in the child's education record. The agreement shall also be incorporated into the GIEP.
(d) During a mediation conference, the mediator shall meet with the parties together in a joint session and individually in private sessions.
(e) Discussions occurring during the mediation session shall be confidential, and no part of the mediation conference shall be recorded.
(f) The mediator may not be called as a witness in future proceedings.
(g) The designated agency involved in the dispute shall send a representative who has the authority to commit resources to the resolution agreed upon by the parties.
(h) The written mediation agreement is not a confidential document and shall be incorporated into the student's GIEP and is binding on the parties.
(i) The mediation agreement shall be enforceable by the Department.
(j) A GIEP team shall be convened, within 10 school days following the mediation agreement, to incorporate the mediation agreement into the GIEP.
(k) When the mediation conference results in a resolution of the dispute, each party shall receive an executed copy of the agreement at the conclusion of the mediation conference.
(l) Mediation may not be used to deny or delay a party's right to a due process hearing.
§ 16.65. Confidentiality.
Each agency shall protect the confidentiality of personally identifiable information regarding a gifted student or a student thought to be gifted in accordance with section 13(a) of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.A. § 1232g), 34 CFR Part 99 (relating to family educational rights and privacy), Chapter 12 (relating to students) and other applicable law.
PART XVI. STANDARDS
CHAPTER 342. SPECIAL EDUCATION SERVICES AND PROGRAMS § 342.1. Definitions.
(a) Applicability of § 14.1. Unless otherwise noted, definitions stated in § 14.1 (relating to definitions) apply to terms used in this chapter.
(b) Additional definitions. The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:
Autism/pervasive developmental disorder--A developmental disability characterized by qualitative distortions in the development of cognitive, language, social or motor skills. Determination of autism/pervasive developmentaldisorder shall include full assessment and comprehensive report of diagnosis by a physician qualified to render a diagnosis and by a public school psychologist specifying the nature and degree of the disorder. Eligibility for special education services and programs for a student may not be limited solely because of the failure of a neurological examination by a physician to identify the child as having autism. Symptoms are typically manifested before 3 years of age, are not usual for any stage of child development and shall include two or more of the following:
(i) Impairment in reciprocal social interaction.
(ii) Impairment in communication and imaginative activity including verbal and nonverbal skills.
(iii) Markedly restricted repertoire of activities and interests, often involving resistance to change and motor or verbal stereotypes.
(iv) Abnormal or inconsistent responses to sensory stimuli in one or more of the following areas: sight, hearing, touch, pain, balance, smell, taste, posture and motor behavior.
Blindness or visual impairment--A visual impairment which adversely affects the educational performance of the person. Determination of visual impairment shall include a full assessment and comprehensive report by an eye specialist specifying the nature and degree of the impairment.
Deafness or hearing impairment--A hearing loss which interferes with the development of the communication process and results in failure to achieve educational potential. Determination of the hearing impairment shall include a report by an audiologist or otologist, or both, specifying the nature and degree of the impairment.
Department--The Department of Education of the Commonwealth.
Developmental delay--
(i) This term is limited to early intervention services and programs under §§ 342.51--342.56 (relating to early intervention).
(ii) A child is considered to have a developmental delay when one of the following exists:
(A) The child's score, on a developmental assessment device, on an assessment instrument which yields a score in months, indicates that the child is delayed by 25% of the child's chronological age in one or more developmental areas: cognitive, language/speech, physical, social/emotional and self-help, and by reason thereof needs early intervention services as defined in this chapter, Chapter 14 (relating to special education) and the Early Intervention Services System Act (11 P. S. §§ 875-101--875-503).
(B) The child is delayed in one or more of the following developmental areas: cognitive, language/speech, physical, social/emotional and self-help, as documented by test performance of 1.5 standard deviations below the mean on standardized tests, and by reason thereof needs early intervention services as defined in this chapter, Chapter 14 and the Early Intervention Services System Act.
(iii) Determination of developmental shall specify the nature and degree of the delay and shall include a full assessment and comprehensive report by one or more of the following: a certified public school psychologist, speech correctionist, a pediatrician or a psychiatrist, and shall specify the nature and degree of the delay.
Mental retardation--Impaired mental development which adversely affects the educational performance of a person. The term includes a person who exhibits significantly impaired adaptive behavior in learning, maturation or social adjustment as a result of subaverage intellectual functioning. The term does not include persons with IQ scores of 80 or higher. Determination of mental retardation shall include a full assessment and comprehensive report by a public school psychologist certified by the Department specifying the nature of the impairment and the level of functioning.
* * * * * (c) Eligible young child. The classification of eligible young child includes all of the classifications listed in this section.
* * * * *
SCREENING AND EVALUATION PROCESS § 342.25. Multidisciplinary evaluation.
(a) Referral for multidisciplinary evaluation shall be made when special education referral criteria have been met and are in accordance with § 14.25 (relating to multidisciplinary evaluation). Referral for multidisciplinary evaluation is indicated when the student is suspected of being exceptional and one or more of the following exist:
(1) The instructional assessment of the student experiencing academic difficulty indicates a performance level which is not sufficient to demonstrate success in the regular class without the addition of supplementary aids or services, or both.
(2) The life skills screening of the student who has not been able to benefit from an academic program indicates a performance level which is not sufficient to demonstrate success in the regular class without the addition of supplementary aids or services, or both, beyond those available in the regular class.
* * * * *
IEP § 342.38. Planned courses.
(a) Curricula for exceptional students shall be designed to:
(1) Meet the needs of exceptional students and shall be adapted, if possible, from regular curricula in Chapter 5 (Reserved).
(2) Coincide with regular education curricula and allow for and lead to the maximum amount of interaction of exceptional students with students who are not exceptional.
(3) Stress general life skills to maximize independence for exceptional students who differ to such an extent that their needs dictate curricular offerings different from those in regular education.
(4) Provide for the acquisition of specific competencies in all areas of development, including: cognitive, language, social, motor, self-help and vocational, in accordance with the IEP of the student.
(b) Curricula for exceptional students is subject to a review at least every 2 years and to revision as required.
(c) Exceptional students who require special instructional materials, supplies and equipment, including assistive technology, shall be provided with these items in accordance with the IEP. The instructional materials, equipment and supplies provided for exceptional students shall be equivalent to those provided for students in regular education and of comparable age, grade and interest levels, with the modifications necessary to meet the individual needs of the exceptional student, and may be subject to review and approval by the Department.
(d) Furniture shall be suited to the age, size, physical status and individual needs of exceptional students and may be subject to review and approval by the Department.
EDUCATIONAL PLACEMENT § 342.42. Educational placement.
* * * * * (h) School districts may establish classes for exceptional students in the following categories:
(1) Learning support class. A class for exceptional students whose primary identified need is academic learning.
* * * * * (j) Class sizes and class loads for assignments for special education services and programs shall conform to the following table:
Caseload and Class Size for Special EducationThis chart presents the caseload allowed on a single teacher's rolls; the number in parenthesis is the maximum number of exceptional students in the room with the teacher at any one time.
Type of Service Itinerant Resource Part-time Full-time Academic Support Class: Learning Support 15-50(6) 15-20(8)* 10-15(8)*E 6-12(12)*E 15-18(9)*S 8-15(15)*S Life Skills Support 10-20(4)* 10-20(6)* 10-15(8)*E 8-12(12)*E 15-18(9)*S 8-15(15)*S Emotional Support 15-50(4) 15-20(6)* 10-15(10)* 6-12(12)* Sensory and Communication Support Class: Deaf or Hearing Impaired Support 15-50(4) 6-15(6)* 6-10(6)* 5-8(8)* Blind or Visually Impaired Support 15-50(4) 6-15(6)* 8-15(8)* 5-12(12)* Speech and Language Support 20-90(4)** 5-8(8)* Physical Support 15-50(4)* 6-15(6)* 6-12(6)* 6-12(12)* Autistic Support 8-12(4)* 6-8(6)* 4-8(6)* 4-8(8)* Multihandicapped Support 8-12(4)* 6-8(6)* 4-8(6)* 4-8(8)* *Paraprofessional assistance available.
**With no more than 90 sessions per week.
[Pa.B. Doc. No. 00-2124. Filed for public inspection December 8, 2000, 9:00 a.m.]
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