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What rights do gifted students have?

In Pennsylvania, gifted students are entitled to special programming and services to meet their needs. Those programs usually involve enrichment, acceleration, or some combination of the two. There is no federal right to gifted education. Public schools in Pennsylvania must identify all students who may require gifted support services, appropriately evaluate those students, and provide each eligible student with a Gifted Education Program (“GIEP”). While many of the procedural rights of gifted students are similar to those for students with disabilities, there are significant differences in the remedies available to gifted students whose rights have been violated. If a student who has a disability is also gifted, all of his or her programs and services are covered in the IEP, and there is no separate GIEP. However, a gifted student with a disability may have both an IEP and a Section 504 Service Plan.

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The Law Offices of Caryl Andrea Oberman LLC
705 Easton Road
Willow Grove, PA 19090
P (215) 830-5025 | F (215) 830-5027
edlaw@caryloberman.com