Current Legal Issues and Practical Tips about

Transcript:Current Legal Issues and Practical Tips about:
Current Legal Issues and Practical Tips about Gifted Education Law 2015 PAGE CONFERENCE Montgomery Law • www.ed-law.com/page 22 Pa. Code §§16.1 – 16.65. provide an education to each identified student that is based upon the unique needs of that student district is required to identify eligible students acceleration and/or enrichment programs procedural safeguards Montgomery Law • www.ed-law.com/page Who is considered gifted under Chapter 16? Montgomery Law • www.ed-law.com/page “A student who is exceptional under section 1371 of the School Code (24 P. S. § 13-1371)” “A student with exceptionalities” What’s the test? The school district must take into account many variables No bright line rule So what can we rely upon … Hearing Officer Decisions Montgomery Law • www.ed-law.com/page The hearing officers find fact and interpret the law Law is only as good as the consequences for not following What are the consequences? What are the current trends? A. M. – Ridley Township Montgomery Law • www.ed-law.com/page Hearing Officer: Shawn D. Lochinger, Esq. November 20, 2014 Issue: “Should the Student be placed in a first grade classroom or in a kindergarten classroom with enrichment in order to receive an appropriate gifted education in the District?” Facts (as taken from Hearing Officer’s Decision): The Student was taught at home by the Student’s Mother The Student’s Mother is not credentialed in the state of Pennsylvania A. M. – Ridley Township Montgomery Law • www.ed-law.com/page Facts: Mother homeschooled Student using [another state’s] curriculum standards Parents made it clear to the District from the initial contact that they wished the Student to be placed in a first grade classroom due to the Student allegedly completing kindergarten curriculum at home. District agreed to perform an evaluation on the Student to determine educational levels GWR indicated that the Student was not gifted Parents disagreed with the NORA and requested a due process hearing A. M. – Ridley Township Montgomery Law • www.ed-law.com/page Facts: District agreed to perform further assessments Following additional evaluations the District conceded that the Student was, in fact, gifted District recognized the Student as gifted, the District deemed it appropriate to educate the Student within the kindergarten classroom with a plan of differentiating instruction as opposed to placing the Student into a first grade classroom at the District Parents objected to the decision which brings us back to the issue: Should the Student be placed in a first grade classroom or in a