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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

22 Pa. Code § 16.32. GIEP.

§ 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.


   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).


   The provisions of this §  16.32 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial pages (271499) to (271501).

Cross References

   This section cited in 22 Pa. Code §  4.24 (relating to high school graduation requirements); 22 Pa. Code §  16.31 (relating to general); and 22 Pa. Code §  16.62 (relating to consent).

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