Gifted: Overview

Parents or educational agencies may resolve educational disputes regarding gifted education programs through a mechanism called due process. Due process differs from other dispute resolution opportunities in that a Hearing Officer decides the dispute for the parties. Throughout the due process proceedings, resolution through mediation remains available to the parties (see the Mediation section of this site). In addition, during the proceedings the parties may settle some or all of the issues among themselves at any time.

Gifted education is provided under Chapter 16 of the Pennsylvania Code.  For parents of gifted students, there is no cost for Gifted due process hearings, mediations, and facilitations except for any costs incurred by parent-invited participants.  These costs would be the responsibility of the parent.  All procedural costs associated with Gifted due process hearings, mediations, and facilitations are the responsibility of the respective LEA.

INSTRUCTIONS:When filling out the PDF version of the form to submit via e-mail, save a copy to your computer and attach it as an e-mail attachment in your e-mail client. Examples of an e-mail client include Microsoft Outlook and web based e-mail such as Gmail and Hotmail. The request should be sent to ODR@odr-pa.org.

Preschool and School Age Due Process Complaint Notice (English) | (English – Online Submission) | (Español) | (Español – Online Submission)

Mediation Request Form (PDF – English) | (PDF – Español) | (English – Online Submission) | (Español – Online Submission)

GIEP Facilitation Request Form (PDF – English) | (PDF – Español) | (English – Online Submission) | (Español – Online Submission)

 

Due process hearings are similar to trials, with the Hearing Officer presiding and acting as a judge. An attorney will represent the educational agency. The parent may also be represented by an attorney, or may proceed without counsel. Witnesses are questioned and cross-examined, and evidence is admitted into the record for the Hearing Officer’s consideration. At the conclusion of the hearing, the Hearing Officer issues a written decision, which is a legally enforceable document setting forth the legal obligations of all the parties.

Hearing Officer Vicki McGinley Bio (English) | (Español)

Gifted Due Process Fact Sheet (English) | (Español)

Additional information on Gifted Education can be found in the Parent Resource Library.