22 Pa. Code § 16.32 - GIEP
(a) The GIEP team,
in accordance with the requirements of this chapter shall, based upon the
evaluation report, develop an initial GIEP 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, present levels of educational performance,
as well as on information in the most recent evaluation.
(b) Each GIEP team must 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.
(6) A teacher of the gifted.
(c) 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 must 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.
(d) The GIEP of each gifted student shall be
based on the GMDT's written report and 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. For a student
with disability identified as eligible under
34 CFR
300.8 (relating to child with a disability),
this would include accommodations and modifications in accordance with
34 CFR
300.320(a)(4) (relating to
definitions of individualized education program).
(4) Projected dates for initiation,
anticipated frequency, location 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.
(e) 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).
(f) The school
district shall notify teachers who work with a student who has been identified
as gifted and in need of specially designed instruction of their
responsibilities under the student's GIEP.
(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.
(4) A GIEP team
meeting shall also be convened at the request of a GIEP team member, the
parent, the student or the school district.
Notes
The provisions of this § 16.32 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. §§ 13-1372 and 26-2603-B).
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