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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 § 16.41. General.


§ 16.41. General.

 (a)  The GIEP team shall base educational placement decisions on the gifted student’s needs.

 (b)  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, categorical grouping of students. The placement must:

   (1)  Enable the provision of appropriate specially designed instruction based on the student’s need and ability.

   (2)  Ensure that the student is able to benefit meaningfully from the rate, level and manner of instruction.

   (3)  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.

 (c)  Districts shall adopt board policies relating to caseloads and class sizes for gifted students which:

   (1)  Ensure the ability of assigned staff to provide the services required in each gifted student’s GIEP.

   (2)  Address all the educational placements for gifted students used by the district.

   (3)  Limit the total number of gifted students that can be on an individual gifted teacher’s caseload to a maximum of 75 students. 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.

   (4)  Limit the total number of gifted students that can be on an individual gifted teacher’s class roster to a maximum of 20 students.

 (d)  Caseload and class size maximums may be waived by the Secretary upon written request by the district for extenuating circumstances.

 (e)  Gifted educational placement may not be based on one or more of the following:

   (1)  Lack of availability of placement alternatives.

   (2)  Lack of availability or efforts to make educational or support services available.

   (3)  Lack of staff qualified to provide the services set forth in the GIEP.

   (4)  Lack of availability of space or of a specific facility.

   (5)  Administrative convenience.


   The provisions of this §  16.41 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 §  16.41 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial page (271502).

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