Current through Register Vol. 54, No. 44, November 2, 2024
(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).
