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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

22 Pa. Code § 16.1. Definitions.


§ 16.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Agency—An intermediate unit, school district, area vocational technical school, State-operated program or facility, or other public or private organization providing educational services to gifted students or students thought to be gifted.

   Chapter 4—The State Board of Education regulations as adopted under statutory authority in the School Code.

   Educational placement—The overall educational environment in which gifted education is provided to a gifted student.

   GIEP—Gifted Individualized Education Plan.

   GMDT—Gifted Multidisciplinary Team.

   Gifted education—Specially designed instruction to meet the needs of a gifted student that is:

     (i)   Conducted in an instructional setting.

     (ii)   Provided in an instructional or skill area.

     (iii)   Provided at no cost to the parents.

     (iv)   Provided under the authority of a school district, directly, by referral or by contract.

     (v)   Provided by an agency.

     (vi)   Individualized to meet the educational needs of the student.

     (vii)   Reasonably calculated to yield meaningful educational benefit and student progress.

     (viii)   Provided in conformity with a GIEP.

   Gifted Multidisciplinary Evaluation—A systematic process of testing, assessment, and other evaluative processes used by a team to develop a recommendation about whether or not a student is gifted or needs gifted education.

   Gifted student

     (i)   A student who is exceptional under section 1371 of the School Code (24 P. S. §  13-1371) because the student meets the definition of ‘‘mentally gifted’’ in this section, and needs specially designed instruction beyond that required in Chapter 4 (relating to academic standards and assessment).

     (ii)   The term applies only to students who are of ‘‘school age’’ as defined under §  11.12 (relating to school age).

   Instructional setting—A classroom or other setting in which gifted students are receiving gifted education.

   Mentally gifted—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.

   Parents—A natural or adoptive parent or parents, a guardian or guardians, one or more persons acting as the parent or parents of a student.

   Party—Parent or school district.

   Regular classroom—A specific instructional grouping within the regular education environment.

   Regular education environment—The regular classroom and other instructional settings in which students without a need for gifted education receive instructional programs and the full range of supportive services normally provided to these children.

   School Code—The Public School Code of 1949 (24 P. S. § §  1-101—27-2702).

   School day—A day in which school is in session.

   Screening and evaluation process—The systematic determination of whether or not a student is gifted or needs gifted education.

   Specially designed instruction—Adaptations or modifications to the general curriculum, instruction, instructional environments, methods, materials or a specialized curriculum for students who are gifted.

   Support services—Services as required under §  16.33 (relating to support services) to assist a gifted student to benefit from gifted education. Examples of the term include:

     (i)   Psychological services.

     (ii)   Parent counseling and education.

     (iii)   Counseling services.

     (iv)   Transportation to and from gifted programs to classrooms in buildings operated by the school district.


   The provisions of this §  16.1 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § §  13-1372 and 26-2603-B).


   The provisions of this §  16.1 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial pages (271492) to (271493).

Cross References

   This section cited in 22 Pa. Code §  16.22 (relating to gifted multidisciplinary evaluation).

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