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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 § 16.61. Notice.


§ 16.61. Notice.

 (a)  A school district shall document the provision of written notice to the parents of a gifted student at least 10 school days prior to one or more of the following events:

   (1)  The school district proposes to conduct a gifted multidisciplinary evaluation or reevaluation of the student.

   (2)  The school district proposes or refuses to initiate or change the identification, evaluation or educational placement of the student, or proposes or refuses to make any significant changes in the GIEP.

 (b)  A change in the identification, evaluation, educational placement or GIEP of a gifted student may not be made during the pendency of an administrative or judicial proceeding unless agreed to by the parties to the proceeding.

 (c)  The content of notices to the parents shall be written in language understandable to the general public. If necessary, the content of notices shall be communicated orally in the native language or directly so that the parents understand the content of the notices.

 (d)  The notice shall include:

   (1)  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 options the district considered and the reasons why those options were rejected.

   (2)  A description of each evaluation procedure, type of test, record or report used as a basis for the action.

   (3)  A description of other factors relevant to the district’s action.

   (4)  A full explanation of the procedural safeguards, including the right to an impartial hearing available to the student or the parents under this chapter.

 (e)  The notice shall inform the parents of the following:

   (1)  The addresses and telephone numbers of various organizations which are available to assist in connection with the hearing.

   (2)  The timelines involved in conducting an evaluation, developing a GIEP, and initiating a hearing.

   (3)  An outside evaluation submitted by the parents shall be considered.

   (4)  The information in §  16.63 (relating to impartial due process hearing).

Cross References

   This section cited in 22 Pa. Code §  16.22 (relating to gifted multidisciplinary evaluation); 22 Pa. Code §  16.31 (relating to general); 22 Pa. Code §  16.32 (relating to GIEP); and 22 Pa. Code §  16.62 (relating to consent).

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