Gifted Education

Gifted education is provided under Chapter 16 of the Pennsylvania Code.  For families of gifted students, all of ODR’s services, such as due process hearings, mediation, and facilitation, are available. There is no cost to families for Gifted services except for any costs incurred by family-invited participants; these costs would be the responsibility of the family.  All procedural costs associated with Gifted due process hearings, mediations, and facilitations are the responsibility of the respective LEA.

To request an ODR service, or to learn more about that service, please visit their page below:

GIEP Facilitation


Due Process

Gifted Due Process

Families 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. 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 family 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.

Throughout the due process proceedings, resolution through mediation remains available to the parties. In addition, during the proceedings the parties may settle some or all of the issues among themselves at any time.

To learn more about Gifted Due Process Hearings, please review our parent guide: Understanding Gifted Special Education Due Process Hearings

Below is more information related to gifted due process hearings:

Gifted Hearing Officer Decisions

Hearing Officer Joy Waters Fleming Bio (English)

Hearing Officer Joy Waters Fleming Bio (Español)

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

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