Virginia Regulatory Town Hall
Agency
Department of Education
 
Board
State Board of Education
 
chapter
Regulations Governing Educational Services for Gifted Students [8 VAC 20 ‑ 40]
Action Revision of regulations school divisions must meet in their gifted education programs, K - 12
Stage Proposed
Comment Period Ended on 9/26/2008
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6/23/08  10:36 pm
Commenter: Pam Flaherty, President, Virginia Association for the Gifted

VAG Recommended Changes to the Proposed Revisions to Regulations Governing Education for Gifted
 
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.
 
VAG Board Approved 10/15/2007
CommentID: 1609