Section 16.6. General supervision

(a) Educational programs for gifted students administered within this Commonwealth are considered to be under the general supervision of the Department and must meet the provisions of this chapter.

(b) The Department will ensure that appropriate and responsible fiscal oversight and control is maintained over the development and provision of gifted education in accordance with this chapter providing for fiscal accountability and prudent management.

(c) The Board will review this chapter at least every 4 years to ensure consistent interpretation and application of this chapter.

(d) The Department will conduct onsite monitoring of school districts on a cyclical basis, or more frequently when necessary, to ensure school district implementation of this chapter. The Department will outline the process and schedule for monitoring in a Basic Education Circular (BEC). The BEC will include:

(1) A description of the elements to be reviewed and the criteria for determining compliance with each element.

(2) A process and procedure to present the monitoring findings to school districts.

(3) A process for school districts to respond to monitoring findings.

(4) A process for resolution of findings, which may include a requirement that school districts develop corrective action plans.

(e) The Department will establish a complaint process that includes:

(1) A process for parents or guardians to file complaints and for school districts to respond.

(2) An opportunity for the district and parent to reach amicable resolution of the issue or, if necessary, a process for the Department to determine the validity of complaints.

(3) Development of an individual corrective action plan, if necessary, to address and correct findings of a valid complaint against a school district.

(4) Enumeration of enforcement steps to be employed by the Department if the district does not implement the corrective action.

(f) The Department will report to the Board, by October 1 of each year, the number and disposition of complaints filed and the schedule and results of monitoring activities.

The provisions of this § 16.6 amended October 31, 2008, effective November 1, 2008, 38 Pa. Code 5953. Immediately preceding text appears at serial page (271495).

Notation

Authority

The provisions of this § 16.6 amended under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § § 13-1372 and 26-2603-B).