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Chapter 2: Identification and Educational Placement of Mentally Gifted Students

Definition of Mentally Gifted

Mentally gifted is defined as outstanding intellectual and creative ability the development of which requires specially designed programs or support services, or both, not ordinarily provided in the regular education program. (22 Pa. Code §16.1)

Intellectual ability is not equated with an IQ score alone. Intellectual ability is and should be a reflection of a range of assessments including a student's performance and potential.

IQ 130 or more

The term "mentally gifted" includes a person who has an IQ of 130 or higher, when multiple criteria as set forth in Department Guidelines indicate gifted ability. Determination of gifted ability will not be based on IQ score alone. The determination shall include an assessment by a certified school psychologist. (22 Pa. Code §16.21(d))

No one test or measure is sufficient to determine giftedness, and the evaluation and testing literature recognizes that there is a margin for error in any standardized testing. The standard error of measurement also applies when reporting IQ.

IQ Lower than 130

Each school district shall establish procedures to determine whether a student is mentally gifted. This term includes a person who has an IQ of 130 or higher or when multiple criteria as set forth in this chapter and in Department Guidelines indicate gifted ability. Determination of gifted ability will not be based on IQ score alone. 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 special education. A person with an IQ score lower than 130 may be admitted to gifted programs when other educational criteria in the profile of the person strongly indicate gifted ability. Determination of mentally gifted must include an assessment by a certified school psychologist. (22 Pa. Code §16.21(d))

If a student's IQ is less than 130, other factors, such as academic performance, demonstrated achievement or other observed skills must strongly indicate gifted ability in order for that student to be identified as gifted and admitted to a gifted program. Because disabilities and bias factors may mask gifted abilities, districts are required to examine discrepancies between ability assessment results and academic achievement or demonstrated skills, and discrepancies among ability subtests.

Multiple Criteria

Criteria, other than IQ score, which indicate gifted ability include but are not limited to: Achievement, Rate of Acquisition/Retention, Demonstrated Achievement, Early Skill Development and Intervening Factors Masking Giftedness.

Achievement

A year or more above grade achievement level for the normal age group in one or more subjects as measured by nationally normed and validated achievement tests able to accurately reflect gifted performance. Subject results shall yield academic instruction levels in all academic subject areas. (22 Pa. Code §16.21(e)(1))

The assessment instruments should have high enough ceilings to reflect accurately academic performance in the gifted range. Assessment should yield performance and achievement data beyond basic skills and should be used for appropriate instructional placement. The assessments should show not only what the student knows, but also where there is a need for instruction.

These data form the basis for decisions as to where, in specific content areas, specific courses or curriculum, a student should begin the learning experiences for the year. The results of the testing must provide instructional levels in all academic subject areas for use in determining educational placement.

Rate of Acquisition, Rate of Retention

An observed or measured rate of acquisition/retention of new academic content or skills that reflect gifted ability. (22 Pa. Code§16.21(e)(2))

Rate of acquisition is the rapidity or speed at which the student is able to acquire, understand and demonstrate competency or mastery of new learning. Rate of acquisition and rate of retention of new materials/skills can be defined as how many repetitions the student needs before the student masters new information/skills and can use the information/skills appropriately any time thereafter. This data can be obtained by simple procedures such as Curriculum Based Assessment, direct observation and reporting from parents, teachers or supervisors. An example of acquisition/retention: the gifted student with approximately one to three repetitions of new knowledge/skills is able to achieve mastery at a faster rate than a student who requires four to eight repetitions. Rate of acquisition/retention is used to adjust the pace of learning for the gifted student. See Chuska Acquisition/Retention Rating Scales. (Chapter 7 - Additional Resources)

Demonstrated Achievement

Demonstrated achievement, performance or expertise in one or more academic areas as evidenced by excellence of products, portfolio or research, as well as criterion-referenced team judgment. (22 Pa. Code §16.21(e)(3))

Another criterion is the student's demonstrated achievement, performance-based skills or expertise that shows a high-level of accomplishment, and indicates exceptional interest and motivation in specific areas. These may be documented in permanent products, portfolios, demonstration of skills, awards, community involvements of others. Example: a student is a member of the high school debate team and has qualified for the state finals in grades 9, 10 and 11; a student loves to write poetry and has a folder of many unpublished works.

Early Skill Development

Early and measured use of high level thinking skills, academic creativity, leadership skills, intense academic interest areas, communications skills, foreign language aptitude or technology expertise. (22 Pa. Code §16.21(e)(4))

Assessment of early and measured use of high level thinking skills could include checklists or inventories such as Guilford's or Bloom's Taxonomy. It could also include anecdotal notes that document developmental milestones that are reached earlier than average students reach the milestone, or that a student has mastered skills beyond that child's age level. Skills charts often accompany grade level texts. Examples of a skills list:

The average kindergarten student uses symbols and letters to represent words.
The average third grade student uses a variety of sentence structures.
The average sixth grade student writes effectively using standard grammar, punctuation, capitalization and spelling in a final draft.

Using the above skills chart a kindergarten student who spells common words correctly, makes appropriate and varied word choices and/or understands common capitalization and end punctuation would demonstrate achievements that are a result of early and measured use of high level thinking skills.

Intervening Factors Masking Giftedness

Documented, observed, validated or assessed evidence that intervening factors such as English as a second language, disabilities defined in 34 CFR 300.8 (relating to child with a disability), gender or race bias, or socio/cultural deprivation are masking gifted abilities. (22 Pa. Code §16.21(e)(5))

Some students may have their gifted abilities masked by such factors as ethnicity, socio- economic status or disability. Data specifically tied to the student's learning environment is used to make decisions on remedial/coping strategies and specially designed instruction. For example: An economically disadvantaged household where educational resources and opportunities are lacking, a household in which English is not the first language or a household including parental problems such as alcoholism, divorce, spouse/child abuse or incarceration may have a masking effect on the student's identification as gifted.

Public Awareness

Each district shall conduct public awareness activities to inform the public of gifted education services and programs and the manner by which to request these services and programs. These awareness activities shall be designed to reach parents of students enrolled in the public schools and the parents of school age children not enrolled in the public schools. Awareness activities shall be conducted annually and include providing information in local newspapers, other media, student handbooks and on the school district web site. (22 Pa. Code §16.21(b))

Districts are required to provide annual notification of child-find activities and evaluate the success of these activities. The school district may notify the public through vehicles including, but not limited to, the following:

Student handbooks
School district websites
Other media such as radio and television announcements
Local newspaper notices
Calendars and newsletters
Displays in public places such as the public library or school lobby

The annual public notification of child identification activities could include the following:

A description of gifted services and programs available and the needs of children served by these services and programs.
The purpose, time and location of screening activities.
A description of how to request that the district initiate screening and evaluation activities for a child.
An explanation of the confidentiality protections for information regarding a specific child.

Screening

School Age

Chapter 16 applies "gifted student" status to those students who are of "school age" which is defined under 22 Pa. Code §11.12 as "the period of a child's life from the earliest admission age to a school district's kindergarten program until graduation from high school or the end of the school term in which a student reaches the age of 21 years, whichever occurs first."

Screening, identification and education for gifted students commence where the school program begins, at entry to kindergarten. When no kindergarten program is provided, screening, identification and gifted education begin at the district's earliest admission-age for beginners.

Chapter 16 requires that "Each school district shall adopt and use a system to locate and identify all students within that district who are thought to be gifted and in need of specially designed instruction." (22 Pa. Code §16.21(a))

"Each school district shall determine the student's needs through a screening and evaluation process which meets the requirements of this chapter." (22 Pa. Code §16.21(c))

The district is obligated to provide appropriate screening and programming to school age students (K-12) thought to be gifted. Procedures and criteria must be developed to screen all students and evaluate students who are thought to be gifted. School districts may not delay or prolong the screening and evaluation process to avoid having to establish a gifted program for kindergarten students or early elementary students.

The screening procedures should generate data from a variety of sources. These data should then be compared to predetermine multiple criteria for gifted potential/performance. The screening process may include the following information, to the extent available:

Medical History
Readiness/Developmental Tests
Achievement Tests
Ability Tests
Group Intelligence Tests
Anecdotal Information - parent, educator, other
Subject Area Assessment (e.g., student portfolio)
Syllabus-Based Examination
Curriculum-Based Assessment
College Aptitude Test
PSAT/SAT; CLEP
Extracurricular Academic Performance/Achievements
Rating Scales
Interest Inventories
Cumulative Records
Enrollment Records
Parent Inventories
Health Records
Report Cards
Subject Assessments of Cognitive Functioning

Although group achievement tests may be used as a screening factor, the "ceiling" effect must be taken into consideration. These tests often do not measure the comprehensive attainment and achievement levels of the gifted student, since the tests' ability to measure giftedness may be limited by their norming parameters. Students who are thought to be gifted should be referred for a Gifted Multidisciplinary Evaluation that would include an IQ test.

Gifted Multidisciplinary Evaluation

Pursuant to 22 Pa. Code §16.2(b), a referral should be made when:

Teacher or parent believes the student to be gifted;
Student is not receiving appropriate education under Chapter 4 (relating to academic standards and assessment); and
One of the following apply:

The student's parents request an evaluation. (22 Pa. Code §16.22(c))
"The school district's screening of the student indicates high potential consistent with the definition of mentally gifted or a performance level which exceeds that of other students in the regular classroom." (22 Pa. Code §16.22 (b) (2)).
A hearing officer or judicial decision orders an evaluation.

For students who are thought to be gifted, the district should perform the following steps:

The Gifted Multidisciplinary Team conducts the Gifted Multidisciplinary Evaluation;
The Gifted Multidisciplinary Team compiles a written report based on the outcome of the Gifted Multidisciplinary Evaluation, using the form entitled Gifted Written Report; and
If the Gifted Multidisciplinary Team identifies the student as a gifted student, the Team uses the Gifted Written Report to develop a Gifted Individualized Education Plan.

Parent Referrals

Parents may request a Gifted Multidisciplinary Evaluation once per school term. When a parent's request for a Gifted Multidisciplinary Evaluation is received by the school district, regardless of the school's screening policy, the evaluation must be completed within regulatory timelines. The timeline begins from the date the school district receives the signed Permission to Evaluate from the parent. Under §16.22(c), if a parent makes a verbal request to any professional employee or administrator of the school district, that individual shall provide a copy of the Permission to Evaluate Form to the parents within 10 calendars days of the oral request.

Gifted Multidisciplinary Team Members

The Gifted Multidisciplinary Team must include the following individuals:

The student's parents.
A certified school psychologist.
Persons familiar with the student's educational experience and performance.
One or more of the student's current teachers.
Persons trained in the appropriate evaluation techniques.
Person familiar with the student's cultural background when possible.
A single member of the Gifted Multidisciplinary Team may meet two or more of the qualifications specified above. (22 Pa. Code §16.22(d))

The Gifted Multidisciplinary Team is not required by Chapter 16 to convene a team meeting, but since the team is required to prepare a "written report that brings together written information and findings from the evaluation or re-evaluation concerning the student's educational needs and strengths," a meeting is recommended. (See 22 Pa. Code §16.22(h))

Districts might also want to include:

Teacher(s) to whom the student will be assigned next year.
Guidance counselor.
Higher education personnel.
Mentors.
Vocational-technical coordinator.
Teacher of the gifted or someone who has knowledge or training in recognition of gifted characteristics.

Scope and Depth of Gifted Multidisciplinary Evaluation

The Gifted Multidisciplinary Evaluation shall be sufficient in scope and depth to investigate information relevant to the student's suspected giftedness, including academic functioning, learning strengths and educational needs. (22 Pa. Code §16.22(e))

Tests and similar evaluation materials that are used to determine giftedness must be:

Selected and administered in a manner that is free from racial and cultural bias and bias based on disability.
Selected and administered so that the test results accurately reflect the student's aptitude, achievement level or whatever other factors the test purports to measure.
Professionally validated for the specific purpose for which they are used.
Administered by certified school psychologist under instructions provided by the producer of the tests and sound professional practice.
Selected and administered to assess specific areas of educational need and ability and not merely a single general IQ (22 Pa. Code §16.22(g) (3) (i), (ii), (iii), (iv), and (v)).

Indicators of giftedness should be drawn from a wide variety of sources. The Gifted Multidisciplinary Evaluation is a process to gather the information that assists in determining if a child is mentally gifted according to the state's definition. The evaluation should look at information relevant to the student's suspected giftedness including academic functioning, learning strengths and educational needs. The Gifted Multidisciplinary Evaluation may include, but is not limited to, information from:

Ability tests
Nationally normed individualized standardized achievement assessments
Class-work samples
Curriculum based assessments
Cumulative review tests
Performance based skills as demonstrated in portfolios, products, competitions or other demonstration of skills
Teacher observation
Noteworthy achievements
Parental input (should include student's abilities, interests and needs as they relate to the instructional setting)

The Gifted Multidisciplinary Team has the responsibility of contributing information to the Gifted Multidisciplinary Evaluation that:

Assures that comprehensive data has been collected on the student to indicate academic instructional levels, thinking skills and other learning skill levels, rate of acquisition/retention for mastery of new content/skills, academic interests/strengths and, as appropriate, developmental levels (young students) and career goals.
Provides clarifying information about the ability of children who score below IQ 130 (within the standard of measurement for the test) and have strong indications of gifted performance.
Determines if additional assessment, such as out-of-level academic testing, is needed. When normed and validated individualized standardized testing is used, a clear explanation of subtest results should be part of the Gifted Written Report. Such explanation may include:

Mastery level
Functional/instructional level and frustration level
Grade level equivalencies
District performance criteria for competency
Mastery and excellence of output
Comprehensive developmental levels in subtests
Implications in the learning process of the student

Recommends whether a student is gifted and in need of specially designed instruction.
Recommends appropriate integrated programming for a student if there is more than one area of exceptionality. (Example: for a gifted student who has strengths in mathematics, music and languages, it may be that the areas of strength would be incorporated into a goal or outcome.)
Provides information about the student's adaptive and social behavior if this is appropriate.

The Gifted Multidisciplinary Team may find it useful to convene a team meeting at one or more points in the evaluation process to clarify the purpose of the evaluation or discuss details. Individuals participating in the assessment process may conclude that the student is not a gifted student (even before the end of formal testing). The termination of the consideration should not occur based on any one individual's participation in the evaluation process. The Gifted Written Report should be compiled based on a complete evaluation and carry the recommendations of all individuals participating, whether or not the individuals are in concurrence. The determination of giftedness, i.e., eligibility under Chapter 16, resides with the Gifted Multidisciplinary Team, which includes the parents.

Independent Evaluation

Parents, at their own expense, may obtain an independent evaluation. The school district is required to consider this information when making decisions regarding student identification. (22 Pa. Code §16.61(e)(3))

Dual Exceptionalities

If a student is both gifted and eligible for special education, the procedures in Chapter 14 shall take precedence. For these students identified with dual exceptionalities, the needs established under gifted status must be fully addressed in the procedures required in Chapter 14. (22 Pa. Code §14.101 et seq., 22 Pa. Code §16.7(b))

A single Individualized Education Plan shall be developed and implemented, revised and modified in accordance with this chapter and Chapter 14. (22 Pa. Code §16.7(d))

For students who are gifted and eligible for special education, it is not necessary for school districts to conduct separate screening and evaluations or use separate procedural safeguards processes to provide for a student's needs as both a gifted and eligible student. (22 Pa. Code §16.7(c))

For students who are thought to be both gifted and disabled, care must be taken by the school district to assure that both the giftedness and the disability are fully addressed as part of the student's public education.

Gifted Written Report

The Gifted Multidisciplinary Team must prepare a written report that brings together the information and findings from the evaluation or reevaluation concerning the student's educational needs and strengths. The report must make a determination as to whether the student is gifted and in need of specially designed instruction, must indicate the basis for such determination, include recommendations for the student's programming and indicate the names and positions of the members of the Gifted Multidisciplinary Team. (22 Pa. Code §16.22(h))

The information gathered by the gifted multidisciplinary team is compiled into the Gifted Written Report. The Gifted Written Report provides the initial data for the Present Levels of Educational Performance that is used to determine specially designed instruction and the educational placement, including the need for acceleration, methods, materials or specialized curriculum.

The Gifted Written Report should include practical data based on more than one measurement to enable the Gifted Individualized Education Plan team to make decisions specific to the student.

The student's learning levels in the academic subject areas, including the tests or assessments from which they were derived, should be included in the Gifted Written Report. Learning levels would be used to determine where the student should begin on the first day of school in each of the academic areas. Grades in and of themselves are not instructional levels. Functioning levels should be determined from assessment data. A student's learning levels might be displayed as follows:

Reading level = grade 6, 3rd month based on out-of-level testing, California Achievement Test series (CAT), Sequential Tests of Educational Progress (STEP) and Curriculum Based Assessment.

Rate of acquisition and rate of retention of new materials/skills can be defined by how many repetitions the student needs before he/she masters new information/skills and can use the information/skills appropriately any time thereafter. This data will determine how much review, if any, is necessary year-to-year in academic subject areas and the rate and pace of introducing new concepts and skills. The rate of acquisition/retention also provides a basis to determine the number and extent of curricular adaptation necessary in each of the academic areas. The level at which the student is instructed should provide a comfortable but challenging rate of learning.

The acquisition and retention rates can be obtained by simple procedures such as Curriculum Based Assessment, direct observation, use of the Chuska Acquisition-Retention Rating Scale (copy included in Chapter 7) and input from supervisors, teachers or parents. A student's acquisition and retention rate might be summarized as follows:

The student learns and remembers new information/skills on average after one to two repetitions, as reported by parents and teacher observation, Curriculum Based Assessment done by the supervisor and/or the Chuska Acquisition-Retention Rating Scale.

To take advantage of a student's interest areas, effort should be included in the evaluation to make such a determination. A student's interest areas can be determined as the result of parent/child responses, Interest Inventories, Peer-Inventories, Weighted Checklists, Thinking Skills Testing, Creativity Assessments and parent/child reporting.

Gifted Multidisciplinary Reevaluation

Conducting a Reevaluation

A gifted student must be reevaluated before a change in educational placement is recommended for the student and when the conditions under 22 Pa. Code §16.22(b) (1) or (3) are met.

A request has been made by the student's parents
A hearing officer or judicial decision orders an evaluation

Gifted students shall be reevaluated before a change in educational placement is recommended for the student. (22 Pa. Code §16.23(a)) A change in placement occurs when the Gifted Individualized Education Plan team significantly alters the amount of time the student will be separated from his/her regular education peers for the purpose of gifted programming.

In addition, a gifted student may be reevaluated at any time by recommendation of the Gifted Individualized Education Plan team. (22 Pa. Code §16.23(a))

Reevaluations may be done when:

Significant new information is needed to properly serve the student.
Consideration is being given to terminating gifted services.
There is a sudden general deterioration of the student's work.
A hearing officer or judicial decision orders a reevaluation.
A parent requests an evaluation.

Reevaluations must include a review of the student's Gifted Individualized Education Plan, a determination of which instructional activities have been successful, and the recommendations for the revision of the Gifted Individualized Education Plan. (22 Pa. Code §16.23(c))

Reevaluations must be documented in a Gifted Written Report. (22 Pa. Code §16.23(b))

The reevaluation timeline for gifted students will be 60 calendar days except that 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 may not be counted. (22 Pa. Code §16.23(d))

Reevaluation is not required when a student is moving from one building in the school district to another or is moving from elementary to middle school/junior high or to high school; however, a change in the "educational placement" does trigger the duty to perform a reevaluation.

Terminating a gifted student's "educational placement" during these building changes noted above without the benefit of reevaluating the student would be a violation of Chapter 16.

Districts must ensure that reevaluations occur before a change in the student's "educational placements," such as termination of the gifted program.

Forms for use by school districts have been created by PDE and are found at: www.education.pa.gov/gifted. These forms include:

Permission to Evaluate (Word)
Notice of Intent to Reevaluate (Word)
Invitation to Participate in Gifted Team Meeting (Word)
Notice of Parental Rights of Gifted Students (Word)
Notice of Recommended Assignment (NORA) (Word)
Gifted Individualized Education Plan (GIEP) (Word)
Gifted Written Report (Word)

Gifted Individualized Education Plan

A Gifted Individualized Education Plan is a written plan describing the education to be provided to a gifted student. The initial Gifted Individualized Education Plan shall be based on and responsive to the results of the evaluation and shall be developed and implemented in accordance with Chapter 16 (22 Pa. Code §16.31(a))

Gifted Individualized Education Plan Team Members

The Gifted Individualized Education Plan team must include persons who meet the following qualifications:

One or both of the student's parents.
The student, if the parent chooses to have the student participates.
A representative of the district who:

Serves as the chairperson of the Gifted Individualized Education Plan team;
Is knowledgeable about the availability of resources of the district; and
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. (22 Pa. Code §16.32(c)(1-6))

The school district must establish and implement procedures to ensure that parents of the gifted student are offered the opportunity to be present at each Gifted Individualized Education Plan team meeting. The procedures must include one or a combination of the following: documented phone calls, letters and certified letters with return receipts. Documentation of efforts to encourage parents to attend must be maintained. (22 Pa. Code §16.32(c))

The following shall be included when inviting parents to attend a Gifted Individualized Education Plan meeting:

Purpose, time and location of the meeting.
The names of the people expected to attend.
The procedural rights available to protect the student and parent, in language which is clear and fully explains all rights.
Explanation of how eligibility determination was made by the Gifted Multidisciplinary Team.
Explanation that a Gifted Individualized Education Plan will be developed at the Gifted Individualized Education Plan meeting.

Notice of the meeting must be provided at least 10 calendar days in advance of the Gifted Individualized Education Plan meeting. (22 Pa. Code §16.32 (c) (1)-(6))

Gifted Individualized Education Plan Team Responsibilities

The Gifted Individualized Education Plan must be developed at a Gifted Individualized Education Plan meeting and based on data and information presented at that meeting. (22 Pa. Code §16.32(a))

Revisions to Gifted Individualized Education Plans, changes in placement, or continuation of educational placement for a student determined to be gifted must be made by the Gifted Individualized Education Plan team based on a review of the student's Gifted Individualized Education Plan, instructional activities, present levels of educational performance, and information in the most recent evaluation. (22 Pa. Code §16.32(a))

Chapter 16, by placing the responsibility for the education of mentally gifted students on school districts, includes the purpose that gifted education for each gifted student is based on the unique needs of the student, not solely on the student's classification. (22 Pa. Code §16.2(d) (2))

School districts are encouraged to remind the Gifted Individualized Education Plan team that the team is not bound to the recommendations put before them via the evaluation report; however, the Gifted Individualized Education Plan team must take those recommendations into consideration as they develop the Gifted Individualized Education Plan.

It is recommended at a gifted team meeting the Gifted Multidisciplinary Team determines whether the student is a gifted student. (22 Pa. Code 16.22(i))

If the student is determined to be gifted, a Gifted Individualized Education Plan should be developed at the Gifted Individualized Education Plan meeting.
If the Gifted Multidisciplinary Team determines the student is not mentally gifted, a Notice of Recommended Assignment (NORA) is issued documenting such decision.

A Notice of Recommended Assignment (NORA) documents the decisions and is presented to the parent at the Gifted Team meeting or sent by certified mail within five calendar days after completion of the Gifted Team meeting. (22 Pa. Code §16.62 (4)) See section on Notices and Timelines for more detail about a Notice of Recommended Assignment (NORA).

The Gifted Individualized Education Plan

The Gifted Individualized Education Plan of each gifted student must be based on the Gifted Multidisciplinary Team's evaluation report and recommendations and are expected to contain the following:

The Gifted Individualized Education Plan should reflect the needs of the student. The needs of culturally diverse, disadvantaged, underachieving, female, English Language Learners (ELL) and students with disabilities who are gifted may require different assessment and attention to their multiple special needs in the development of the Gifted Individualized Education Plan.
There should be a description of the student's present instructional levels and other information necessary to develop appropriate goals and outcomes by subject area to provide acceleration, enrichment or both, as needed.
The student's placement must provide an instructional environment that can meet the accelerated learning needs and enrichment needs of the gifted student and must be documented in the Gifted Individualized Education Plan.

The writing of the Gifted Individualized Education Plan is a duty of the Gifted Individualized Education Plan team. To foster discussion and understanding, school districts are encouraged to compose Gifted Individualized Education Plans that are understandable to educators who will be delivering the Gifted Individualized Education Plan, to parents to ensure the student's active participation and understanding of the gifted education plan that will be delivered and, where appropriate, to the student.

Present Levels of Educational Performance

A written statement of the student's Present Levels of Educational Performance must be included in a Gifted Individualized Education Plan. (22 Pa. Code §16.32(d) (1))

Present levels must include multiple measures, among which may be ability and assessment test scores, group and individual achievement measures, grades, progress on goals, instructional levels, aptitudes, interests, specialized skills, products and evidence of excellence in other than academic areas. All members of the Gifted Individualized Education Plan team may contribute evidence of present levels of achievement. Present levels must be updated annually and progress towards the annual goals and short-term learning outcomes determined. For a detailed explanation of Present Levels of Educational Performance, locate the Annotated Gifted Individualized Education Plan and Sample Gifted Individualized Education Plan on the Pennsylvania Department of Education's website: www.education.pa.gov/gifted.

Goals and Outcomes

A statement of annual goals and short-term learning outcomes, which are responsive to the learning needs identified in the evaluation report, must be included in a Gifted Individualized Education Plan. (22 Pa. Code §16.32(d)(2))

The goals and outcomes should reflect the student's present levels of educational performance, where the learning experience should begin and specify the performance levels to be achieved through the individualized education plan based on rate of acquisition/retention, academic acceleration needs and academic enrichment needs.

Annual goals and short-term learning outcomes should be child-specific and measurable. The annual goals and short-term learning outcomes are not based on, nor limited to, what the district has in place or is willing to provide, but on the child's learning needs. In cases where the student's learning needs far exceed the district's curriculum, the district and parents are encouraged to work cooperatively to explore other options to meet the needs of the students.

These options may include early graduation, early-to-college, distance learning or other options. While these higher education options maybe appropriate, districts are not required to fund dual enrollment or any option beyond the scope of the district's curricula.

Specially Designed Instruction

A statement of the specially designed instruction and support services is to be provided to the student. (22 Pa. Code §16.32(d)(3))

Chapter 16 requires that specially designed instruction for gifted students be:

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, directly, by referral or by contract.
Provided by a school district, intermediate unit or other educational service agency.
Individualized to meet the educational needs of the student.
Reasonably calculated to yield meaningful educational benefit and student progress.
Provided in conformity with a Gifted Individualized Education Plan. (22 Pa. Code §16.1)

Specially designed instruction includes adaptations or modifications to the general curriculum, instruction, instructional environments, methods, materials or a specialized curriculum for students who are gifted. (22 Pa. Code §16.1) This may consist of planning and implementing varied approaches to content, process and product modification in response to the student's interests, ability levels, readiness and learning needs. Specially designed instruction for gifted students may include compacting, accelerating the student or placing the student in more than one grade level.

Specially designed instruction may be delivered in a variety of settings as determined by the Gifted Individualized Education Plan team.

Districts should be aware that the use of extra work, peer tutoring or helping the teacher does not constitute specially designed instruction or gifted education, and Advanced Placement or Honors courses are not in and of themselves gifted education if they do not respond to the gifted student's individual needs.

Dates

Projected dates for program/service beginning and anticipated duration, not to exceed one year. (22 Pa. Code §16.32(d)(4))

Gifted Individualized Education Plan Objective Criteria

Objective criteria, assessment procedures and timelines should be appropriate and used to determine, on at least an annual basis, whether the short-term learning outcomes are being achieved. (22 Pa. Code §16.32(d)(5))

Objective criteria would set the level, standard, grade, performance and the percent of mastery or completion that is expected.

Assessment procedures are the tests or procedures that will be used to measure the achievement. Evaluation data should clearly monitor the progress of the student during the delivery of the Gifted Individualized Education Plan.

Timelines are when or how often the assessment will be made.

Gifted Individualized Education Plan Team Participants

Names and positions of the Gifted Individualized Education Plan team participants and the date of the meeting are required on the Gifted Individualized Education Plan. (22 Pa. Code §16.32(d) (6)). Signatures are not required.

A copy of the Gifted Individualized Education Plan shall be provided to the parents, along with a Notice of Parental Rights under §§16.61—16.65 (relating to procedural safeguards). (22 Pa. Code §16.32(e))

When to Convene a Gifted Individualized Education Plan Team

The school district must convene a Gifted Individual Education Plan team:

Following an evaluation if the Gifted Multidisciplinary Evaluation Team recommends eligibility for specially designed instruction.
At least annually (more frequently if necessary) to review the Gifted Individualized Education Plan of each gifted student. (22 Pa. Code §16.32 (g)(3))
Following a reevaluation if the Gifted Multidisciplinary Evaluation Team recommends eligibility for specially designed instruction.
At the request of Gifted Individualized Education Plan team member, parent, student or the school district. (22 Pa. Code §16.32(g)(4))

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 the responsibilities under the student's Gifted Individualized Education Plan. (22 Pa. Code §16.32 (f))

Support Services

The Gifted Individualized Education Plan team has the duty to determine whether the gifted student needs one or more support services. (22 Pa. Code § 16.33; See definition of support services at §16.1 Definitions)

The Gifted Individualized Education Plan team shall conclude that transportation to and from school psychological services, parent counseling and education or another service is a support service if the Gifted Individualized Education Plan team determines that one of the following criteria has been met:

The service is an integral part of an educational objective of the student's Gifted Individualized Education Plan, without which the Gifted Individualized Education Plan cannot be implemented; or
The service is needed to ensure the student benefits from or gains access to a gifted education program. (22 Pa. Code §16.33((b)(1) and (2))

Any service that is needed to help a gifted student benefit from or gain access to gifted education may be considered a support service. Support services could include, but are not limited to:

Career guidance
Counseling
Technology education

Notice of Recommended Assignment (NORA)

A Notice of Recommended Assignment (NORA) must be completed at the conclusion of each Gifted Individualized Education Plan review and any time that a significant change has been made to the Gifted Individualized Education Plan. (22 Pa. Code §16.61(2)) PDE has created an NORA form for school district use. It may be downloaded from PDE's website at: www.education.pa.gov/gifted.

Student Transfers to New School

If a student moves from one school district in this commonwealth to another, the new district must implement the existing Gifted Individualized Education Plan to the extent possible or must provide the services and programs specified in an interim Gifted Individualized Education Plan agreed to by the parents until a new Gifted Individualized Education Plan is developed and implemented. (22 Pa. Code §16.31(b))

Every school district must honor a Gifted Individualized Education Plan from within the Commonwealth until the new Gifted Individualized Education Plan is completed. However, if a student who has been identified as gifted in another state moves to Pennsylvania, the school district may conduct a Gifted Multidisciplinary Evaluation.

If the information from another state matches the Pennsylvania criteria of Chapter 16, the information should be reviewed by appropriate persons and documented on a Gifted Written Report. A Gifted Individualized Education Plan team should be convened and the Pennsylvania procedures followed.

Educational Placement

The Gifted Individualized Education Plan team must base educational placement decisions on the gifted student's unique needs (22 Pa. Code §16.41(a)) and not solely on the student's classification. (22 Pa. Code §16.2(d)(2))

Chapter 16 requires that the educational placement of gifted school-age exceptional students in Pennsylvania includes specially designed instruction that is individualized to include acceleration, enrichment or both as appropriate. (22 Pa. Code §16.2(d)(3), §16.41(b)(3))

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, the categorical grouping of students. The placement must:

Enable the provision of appropriate specially designed instruction based on the student's need and ability. (22 Pa. Code §16.41(b)(1))
Ensure that the student is able to benefit meaningfully from the rate, level and manner of instruction. (22 Pa. Code §16.41(b)(2))
Provide opportunities to participate in acceleration or enrichment, or both, as appropriate for the student's needs. These opportunities must go beyond the program that the student would receive as part of a general education. (22 Pa. Code §16.41(b)(1),(2), and (3))

To address the educational placements for gifted students, the district must limit the total number of gifted students on an individual gifted teacher's caseload to a maximum of 75. Beginning July 1, 2010, the total number of gifted students that can be on an individual gifted teacher's caseload is limited to a maximum of 65 students. The total number of gifted students on an individual gifted teacher's class roster is a maximum of 20. Caseload and class size maximums may be waived by the Secretary upon written request by the district for extenuating circumstances. (22 Pa. Code §16.41(c) (3) (4) and §16.41(d))

Chapter 16 regulations say that programming and service options for the gifted students may not be based on:

Lack of availability of placement alternatives.
Lack of availability or efforts to make educational or support service available.
Lack of staff qualified to provide the services set forth in the Gifted Individualized Education Plan.
Lack of availability of space or of a specific facility.
Administrative convenience. (22 Pa. Code §16.41(e)(1-5))

To ensure an appropriate education that includes acceleration or enrichment or both, a continuum of services will be available to address the specific needs of many different types and levels of giftedness from kindergarten through grade 12. There should be opportunity to match needs of students to levels of services that are specifically designed for the identified needs of gifted students.

Students who are gifted may need educational placement that is beyond age or grade level in order to align them with their ability and achievement. Districts are free to group across grades, according to academic talent, or based upon other performance characteristics. Depending on a student's talents or achievements, options for gaining credit for learning obtained outside the school district or advanced placement within the school district may need to be considered.

Credit by examination may be an option to determine appropriate educational assignment. Graduation planning may need to be part of the Gifted Individualized Education Plan process even for young gifted students because acceleration sets the stage for earning credits early or out of sequence, for early graduation and/or for early admission to college. Additionally, educational placements may need to support the emotional/social challenges the student may face. An example of this would be support for the student who, through acceleration, attends classes with students 3-4 years older.

Notices

PDE has created forms to be used as notices which can be found on PDE's website at: www.education.pa.gov/gifted.

The school must comply with the written notice and consent requirements under 22 Pa. Code §16.61 and §16.62. Written notices are required 10 school days prior to:

Conducting a gifted multidisciplinary evaluation or reevaluation. (22 Pa. Code §16.61(a)(1))
Initiating or changing or refusing to initiate or change identification, evaluation, or placement. (22 Pa. Code §16.61(a)(2))
Making or refusing to make any significant changes in the Gifted Individualized Education Plan. (22 Pa. Code §16.61(a)(2))

No changes may be made in the identification, evaluation, educational placement or Gifted Individualized Education Plan of a gifted student while an administrative or judicial proceeding is pending unless agreed to by the parties of the proceeding. (22 Pa. Code §16.61(b))

Content of notices must be:

Written in language understandable to the general public. (22 Pa. Code §16.61(c))
Communicated orally in native language or directly so parents understand the content of the notices. (22 Pa. Code §16.61(c))

Written parental consent must be obtained prior to:

Conducting an initial multidisciplinary evaluation. (22 Pa. Code §16.62(1))
Placing a gifted student in a gifted program. (22 Pa. Code §16.62(2))
Disclosing to unauthorized persons information identifiable to a gifted student. (22 Pa. Code §16.62(3))
Placing a student in the recommended assignment. (22 Pa. Code §16.62(4))

The notice must include:

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 the options considered and why those options were rejected. (22 Pa. Code §16.61(d)(1))
A description of each evaluation procedure, type of test, record or report used as a basis for the action. (22 Pa. Code §16.61(d)(2))
A description of other factors pertinent to the district's action. (22 Pa. Code §16.61(d)(3))
A full explanation of the procedural safeguards, including the right to an impartial due process hearing. (22 Pa. Code §16.61(d)(4))

Notice must inform parents of the following:

The addresses and telephone numbers of various organizations available to assist in connection with the hearing. (22 Pa. Code §16.61(e)(1))
The timelines involved in conducting an evaluation, developing a Gifted Individualized Education Plan, and initiating a hearing. (22 Pa. Code §16.61(e)(2))
An explanation that an outside evaluation submitted by the parent must be considered. (22 Pa. Code §16.61(e)(3))
The information in (22 Pa. Code §16.63) relating to impartial due process hearing. (22 Pa. Code §16.61(e)(4))

Timelines

The Gifted Multidisciplinary Evaluation must be completed within 60 calendar days after receiving written parental permission for an initial evaluation or after notifying the parents of a reevaluation or after receiving an order of a court or hearing officer to conduct a multidisciplinary evaluation. (22 Pa. Code §16.22(j)).

The initial evaluation shall be completed and a copy of the evaluation report presented to the parents no later than 60 calendar days after the agency receives written parental consent for evaluation or receives an order of a court or hearing officer to conduct a multidisciplinary evaluation, except that 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 may not be counted. (22 Pa. Code §16. 22 (h) and (j)).

The Invitation to Gifted Individualized Education Plan meeting must be sent 10 calendar days before the Gifted Individualized Education Plan meeting. (22 Pa. Code §16.32 (c) (6)).

A NORA is presented to parents at the Gifted Individualized Education Plan meeting or by certified mail within five calendar days after the completion of the Gifted Individualized Education Plan meeting. (22 Pa. Code §16.62(4)).

The Gifted Individualized Education Plan must be developed within 30 calendar days after the issuance of a Gifted Multidisciplinary Team's written report. (22 Pa. Code §16.32(g) (1)).

The Gifted Individualized Education Plan must be implemented no more than 10 school days after it is signed or the start of the following school year if the Gifted Individualized Education Plan was completed fewer than 30 days before the last school day of the year. (22 Pa. Code §16.32(g)(2)).

The parents have 10 calendar days to respond to a NORA sent by mail or five calendar days to respond to a NORA presented in person at the conclusion of the Gifted Individualized Education Plan meeting. (22 Pa. Code §16.62(5)).

If the parents receive the NORA in person and approve the recommended assignment within five-calendar days, the school district may not implement the Gifted Individualized Education Plan for at least five-calendar days, to give the parents an opportunity to notify the district within the five-day period of a decision to revoke the previous approval of the recommended assignment. (22 Pa. Code §16.62(5)).

Private School Placement

Parents may choose to have their gifted student educated at a private school completely at private expense. (22 Pa. Code §16.42(a)).

The parent may choose a home education program for the gifted student. If a home education program is chosen, Sections 1327 and 1327.1 of the School Code (24 P. S. §§13-1327 and 13- 1327.1) govern the provisions of the gifted student's education. (22 Pa. Code §16.42(b)).