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Click here to view Final Review of Proposed Regulations Governing Educational Services for Gifted Students (8 VAC 20-40-10 et.seq.) - Released March 20, 2009

The Board of Education met on Thursday, March 26, 2009, and adopted the revised Regulations Governing Educational Services for Gifted Students as proposed. The adopted revision is much better than the one we looked at in September, so I think you can be proud that many of your concerns were addressed and that your efforts will make a difference for gifted youth.  Thank you for all your responses to the regulations supporting the requests of VAG.

The next step in the process is for the regulations to proceed to the Executive branch for review (the OAG has no deadline, DPB has 14 days, Cabinet Secretary has 7 day, and the Governor has no deadline) -- once the Governor has signed them, the DOE will make a determination regarding the amount of time divisions have to become compliant with the new regulations (usually this is anywhere from 18 to 24 months). Also, The DOE will issue a schedule for providing technical review of local plans.

Because state approval of division plans was not adopted, each of you needs to be keenly aware of the local approval process to ensure that the needs of gifted learners in your school division are met. We may want to begin to work with legislators on whether or not the authority to approve local gifted plans can be granted through legislation.

There is a short article in the 3/27/09 edition of the Richmond Times-Dispatch: http://tiny.cc/8p93w.

 Dr. Donna Poland at Donna.Poland@doe.virginia.gov or (804) 225-2884.

Virginia Association for the Gifted

 

VAG Recommended Changes

 To

 Proposed Revisions (Chapter 40)

Regulations Governing Educational Services for Gifted Students

 

The Virginia Association for the Gifted (VAG) requests citations of the relevant research that was used as the foundation for the proposed revisions.

 VAG recommends the following changes to the proposed revisions.

 8VAC20-40-20. Definitions.

2.  Specific academic aptitude.

  • Change the last sentence to: Such students demonstrate or have the potential to demonstrate superior reasoning; persistent intellectual curiosity; advanced use of language; exceptional problem solving; rapid acquisition and master of facts, concepts, and principles; and creative and imaginative expression beyond their age-level peers in selected academic areas as defined by one or more of the following: English/ language arts, mathematics, history/social science, or science.

 Identification and placement committee

Change identification and placement committee to:  identification and placement committee(s)

“Referral”

  • Change to:  “Referral” means the formal and direct process that parents/guardians, teachers, professionals, students, peers, self, or others use to request that a kindergarten through twelfth-grade student be assessed for gifted education program services.

 “Screening”

  • Change to:  Screening is the annual process of creating a pool for potential candidates K-12 using multiple criteria through the referral process, review of current assessment data, or information from other sources.  Screening is the active search for students who are then referred for the formal identification process.

  “Service options”

  • Change to:  Service options means the instructional approaches, settings, and staffing selected for the delivery of appropriate service or services provided to eligible students based on their assessed needs in their areas of strength.

8VAC20-40-40 Screening, referral, identification, and placement

  • Paragraph A, change to: If the school division elects to identify students with specific academic aptitudes, it shall include procedures for identification and service in one or more of the following: English/ language arts, mathematics, history/social science, or science.
  • Paragraph A, change to:  School divisions may identify and serve gifted students in career and technical aptitude or visual or performing arts aptitude.

 

  • Paragraph B, change to:  Some data used in the screening process may be incorporated into multiple criteria reviewed by the designated identification and placement committee to determine eligibility, but those data shall not replace norm-referenced aptitude test data.  

 

  • Paragraph C, change to:  These uniform procedures shall permit referrals from school personnel, parents/guardians, teachers, professionals, students, peers, self, or others.

  • D.  An identification and placement committee …change to: A designated identification and placement committee…

 

  • Paragraph 2, change to: The committee shall determine the eligibility of each  referred student for the school division’s gifted education services.

 

  • Paragraph 2, change to: Students who are found eligible by the identification and placement committee shall be offered service options with appropriately differentiated curriculum and instruction by the school division.

 

  • Paragraph 5, change to: If a program is designed to address either the visual or performing arts or career and technical aptitude, a portfolio or other performance assessment measure in the specific aptitude area shall be included as part of the data reviewed by the identification and placement committee.

 

  • Paragraph E, change to: Within 60 school days of the receipt of a referral, the identification and placement committee shall determine the eligibility status of each student referred for the division’s gifted education program and notify the parent or guardian of its decision.

 

8VAC20-40-55. Parental rights for notification, consent, and appeal.

  • Paragraph A, remove: Each school board shall review and approve annually a comprehensive plan for the education of gifted students that includes the components identified in these regulations.

 

  • Paragraph A reinstate:  Each school division shall submit to the Department of Education for approval a plan for the education of gifted students that includes the components identified in these regulations.

 8VAC20-40-60. Local plan, local advisory committee, and annual report.

  • Paragraph 3, change to: Procedures for the early and on-going screening, referral, identification and placement of gifted students; beginning with kindergarten through twelfth-grade in at least a general intellectual or a specific academic aptitude program; and, if provided in the school division, procedures for screening, referral, identification, and placement of gifted students in visual or performing arts or career and technical aptitude programs;

 

  • Paragraph 14, remove/delete: …including review of student outcomes and the intellectual and academic growth of gifted students.

 

  • Paragraph B (ii) add: …to review annually the local approved plan …

 8VAC20-40-70. Funding. (Repealed.)

       State funds administered by the Department of Education for the education of gifted students shall be used to support only those activities identified in the school division's plan as approved by the Board of Education.

  • Reinstate: State funds administered by the Department of Education for the education of gifted students shall be used to support only those activities identified in the school division’s plan as approved by the Board of Education.

 

Board Approved 10/15/2007