Chapter+16+Summary+of+Changes

//Summary of the Substantive Changes in Final Regulations Chapter 16 // by Kim Maguire, Ed.D., Deleware County Intermediate Unit  //§16.1. Definitions. // The definition of GIEP is changed to Gifted Individualized Education Plan.

//§16.4. Strategic plans. // A requirement is added stipulating that the gifted education portion of each school district's strategic plan address the process for identifying children who are gifted and in need of specially designed instruction. It also is to outline the gifted special education programs offered by the school district and to provide the Department of Education with reports of students, personnel and program elements.

//§16.6. General supervision. // The final rulemaking adds a requirement that the Department of Education conduct on-site monitoring of school entities to ensure compliance with this chapter, as well as an obligation to establish a complaint procedure for parents to file complaints and school districts to respond. The Department is directed to outline the process and schedule for monitoring in a Basic Education Circular (BEC), which would become available on the Department's website with other BECs. The Department also must report to the Board, by October 1 of each year, the number and disposition of complaints filed and the schedule and results of monitoring activities.

//§ 16.7. Special education. // A new requirement is added stipulating the development of a single Individualized Education Program for students who are both gifted and have a disability under Chapter 14 (relating to special education services and programs).

The final form rulemaking adds new language outlining the types of awareness activities that school districts are to conduct each year to inform parents about gifted education. Additional new language clarifies the criteria each school district shall use to determine whether a student is mentally gifted. Also, new language is added stipulating that deficits in memory or processing spend cannot be the sole basis for determining that a student is ineligible for gifted education services. Finally, new language was added referring to the federal definition of disabilities at 34 CFR 300.8 (relating to child with a disability).

//§16.22. Gifted multidisciplinary evaluation. // The final form regulation requires school districts to have readily available an evaluation request form that professional staff and administrators can provide to parents who request an evaluation of their child. The regulation requires the parent be provided the evaluation request form within 10 calendar days of an oral request. Additionally, this regulation adds a requirement that the Gifted Multidisciplinary Team include, in its written report, its recommendations for each student's educational programming. This section also revises the number of days in which the initial student evaluation must be completed from 45 school days to 60 calendar days after the school receives written parental consent for the evaluation or an order of a court or hearing officer. The calendar days from the day after the last day of the spring school term up to and including the day before the first day of the subsequent fall school term shall not be counted. This aligns the timeframe with the requirements of Chapter 14 so that school districts have just one standard to follow.

//§ 16.23. Gifted multidisciplinary reevaluation. // New language provides that the reevaluation be completed and presented to parents no later than 60 calendar days after the school district receives written permission to reevaluate. The calendar days from the day after the last day of the spring school term up to and including the day before the first day of the subsequent fall school term shall not be counted.

//§16.31. General. // The final form regulation revises the regulation to "grandfather" students already receiving gifted education services at the time the regulation becomes effective. The final form regulation requires present education levels to be included in both the initial and all revisions to the GIEP. Additionally, the regulation adds a requirement that a teacher of the gifted be included on the GIEP team. The final form regulation also requires that the GIEP be based on the gifted multi-disciplinary team's written report. New language is also added to require the GIEP to include accommodations and modifications as required by federal regulation at 34 CFR 300.320(a)(4) (relating to definition of individualized education program) for students with a disability identified as eligible under federal regulation section 34 CFR 300.8 (relating to child with a disability). Additional language is added requiring the GIEP to include the anticipated frequency, and location of gifted education. New language is also added to require the school to notify teachers of their responsibilities to each of their students who are identified as gifted as provided in the students' GIEP. Finally, the final form regulation adds language requiring a GIEP meeting to be convened at the request of a GIEP team member, the parent, the student or the school district.

//<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">§16.41. General. // <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">The final form regulation revises the total number of gifted students on an individual gifted teacher's caseload from 75 to 65 and stipulates that this change occur beginning July 1, 2010. It requires the total number of gifted students on an individual teacher's class roster to remain at the current level of 20 students. These changes reflect feedback provided from schools regarding the current caseload and class roster limitations.

//<span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">§ 16.63. Impartial due process hearing. // <span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">The final form regulations require a student involved in a due process hearing to remain in his or her current educational placement until the outcome of the hearing, unless the school district and the parent of the student agree otherwise. It also adds language allowing a school district to request a hearing to proceed with an initial evaluation or reevaluation when a parent fails to respond the district's proposed evaluation or reevaluation. Additionally, these regulations permit a school district to request an impartial due process hearing when a parent rejects the district's proposed educational placement that is different from the initial placement. The regulation further stipulates that if the 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.

The final form regulation provide for the compensation of hearing officers for hearings related to a child who is gifted or thought to be gifted. Additional language is added stating that the compensation of hearing officers does not cause them to become employees of the Department.

Additionally, the final form regulation requires the Department to provide an annual report to the Board as to the number and summarized results of the due process hearings. The report shall also include actions taken by the Department as well as future plans to strengthen the due process hearings. Finally, the regulation requires the school district, upon receipt of a final decision from the hearing officer or court, to provide to the Department an assurance of its implementation of an order within 30 school days of the date of the final decision.