Procedural Safeguards

A. KDE Gifted & Talented Regulation 704 KAR 3:285 Section 10

A school district shall establish a grievance procedure through which a parent, guardian or student may resolve a concern regarding the appropriate and adequate provision of talent pool services or services addressed in a formally identified student's gifted and talented student services plan. This districtwide grievance procedure shall address:

(1) How, and by whom, the grievance procedure is initiated;

(2) The process for determining the need to evaluate or reevaluate the child for appropriate services;

(3) The criteria for determining if placement of the child needs revision;

(4) Procedures for ensuring that appropriate services are provided to all identified students consistent with KRS 157.200 and 157.230; and

(5) Procedures for ensuring the participation of the parent or guardian, a regular education teacher of the student, a gifted education teacher or coordinator, administrator, and a counselor in addressing a grievance.

B. Appeal of Identification Decision

Procedures

GATES Appeals Procedure
School Identification Decision

If the School GATES Identification Committee has reviewed and decided that student does not meet criteria…

If a parent/guardian has a concern about the school’s identification decision of his/her child for gifted services, he/she should first schedule a conference with the school’s GATES Coordinator to discuss the matter.
If the concern is not resolved, the parent/guardian may appeal the identification decision by contacting the school GATES coordinator or principal to obtain Appeals Form: School Identification Decision
The appealing party shall complete the Appeals Form: Identification Decision and submit it to the school’s GATES Coordinator or Principal.
Within 10 working, school days of the receipt of the appeal, the GATES Committee Chairperson will convene the building GATES Committee to review and respond to the concern. When the committee reaches consensus, they will send the appealing party a written response detailing their decision using the School Committee Response to Appeal form.
If the appealing party is unsatisfied with the committee’s decision, he/she may submit, in writing, details about their concerns to the District Gifted Services Coordinator within 10 working, school days of receipt of the committee’s decision.
District Gifted Services Coordinator requests building level GATES Committee meeting report and student’s file from Committee Chairperson for review. District Gifted Services Coordinator and district identification committee will review the appeal at the next scheduled district identification session. A final decision will be made and reported to appealing party and GATES Committee Chairperson within 10 working, school days of the review of the appeal.

Form

District-based decision

Procedures
Form

Procedures

GATES Appeals Procedure
District Identification Decision

If the District Identification Committee has reviewed and decided that student does not meet criteria…

If a parent/guardian has a concern about the identification decision of his/her child for gifted services, he/she should first schedule a conference with the school’s GATES coordinator to discuss the matter.
If the concern is not resolved, the parent/guardian may appeal the identification decision by contacting the building GATES Coordinator or Principal to obtain the form, Appeals: District Identification Decision
The appealing party shall complete the Appeals: Identification Decision and submit it to the District Gifted Services Coordinator within 10 working, school days of receipt of the district ID decision letter.
If the appeals form contains new information that was not part of the original decision-making process, the District Gifted Services Coordinator will present the appeal to the district identification committee at the next scheduled district identification session. The committee’s decision will be communicated to the appealing party within 10 working, school days of the review of the appeal.

Form

C. Appeal of Services

Procedures
Form

Procedures

GATES Appeals Procedure: Services

Appeal of Services Procedures:

If a parent/guardian has a concern about the services outlined in their child’s GSSP, he/she should first schedule a conference with the school’s GATES Coordinator to make a request for GSSP revisions.
If the concern is not resolved, the parent/guardian may appeal services outlined in a student’s GSSP by contacting the building GATES Coordinator or Principal to obtain the form, Appeals Form: Services (AS-1).
The appealing party shall complete the Appeals Form: Services and submit it to the school’s GATES Coordinator or Principal.
Within 10 working, school days of the receipt of the appeal, the GATES Committee Chairperson will convene the building GATES Committee to review and respond to the concern. When the committee reaches consensus, they will send the appealing party a written response detailing their decision using the appropriate district form (AS-2).
If the appealing party is unsatisfied with the committee’s decision, he/she may submit, in writing, details about their concerns to the District GATES Coordinator within 10 working, school days of receipt of the committee’s decision.
District GATES Coordinator requests building level GATES Committee meeting report and student’s file from Committee Chairperson for review. District Coordinator and District level Committee convenes to review the appeal. A final decision will be made and reported to appealing party and GATES Committee Chairperson within 20 working, school days of the receipt of the appeal.

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Procedural Safeguards

A. KDE Gifted & Talented Regulation 704 KAR 3:285 Section 10

B. Appeal of Identification Decision

School-based decision

Procedures

GATES Appeals Procedure
School Identification Decision

Form

District-based decision

Procedures

GATES Appeals Procedure
District Identification Decision

Form

C. Appeal of Services

Procedures

GATES Appeals Procedure: Services

Appeal of Services Procedures:

Form

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