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Chapter 1: History

Pennsylvania has a unique history in mandating special education for gifted students. The promulgation of Chapter 16: Special Education for Gifted Students reaffirms this legacy and commitment to the importance of specially designed instruction for gifted students. The Pennsylvania State Board of Education acknowledges in Chapter 16 that students who are gifted are "children with exceptionalities" under the Public School Code of 1949, Section 1371. The history leading up to these regulations includes the following:

  • 1961 – "Handicapped Education" changed to "Exceptional Education" in the Public School Code of 1949, began permissive identification of and programs for gifted students with state approval for funding as an excess cost. (Act 546 of1961)
  • 1975 – The State Board provided that "exceptional persons" are to receive an appropriate program of education that is designed "to meet their individual needs." "Exceptional persons" are "persons of school age who deviate from the average… to such an extent that they require special educational programs facilities or services…" Gifted students were clearly included among those "exceptional children" who deviate from the average and who therefore "require special activities or services not ordinarily provided to regular children by local agencies." (State Board Regulations, 1975)
  • 1975 – Pennsylvania courts reaffirmed that gifted students are entitled to many of the same rights as students with disabilities. See:
    • Central York School District v. Department of Education, 41 (Pa. Cmwlth. (1979);
      • Lisa H. v. State Board of Education, 447 A.2d 669, 673 n. 6(PA. Cmwlth. 1982), aff'd, 467 A.2d 1127 (Pa. 1983); and
    • Centennial School District v. Department of Education, 539 A.2d 785 (Pa. Cmwlth .1988)
  • 1989-90 – The General Assembly directed the State Board of Education and the Department of Education to overhaul the special education regulations and standards, including those pertaining to gifted education. (Act 43 of 1989) The State Board and the Department responded by promulgating new regulations and standards, effective July 1, 1990. See 22 Pa. Code Chapter 14 (regulations) and Chapter 342 (standards) that included provisions for the gifted.
  • 2000 – State Board Regulations, Chapter 16: Special Education for Gifted Students, effective Dec. 9, 2000.
  • 2008 – Current State Board of Regulations, Chapter 16: Special Education for Gifted Students, effective Nov. 8, 2008.