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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7/29/08  2:50 pm
Commenter: Carol V. Horn, Coordinator, FCPS Gifted and Talented Programs

Gifted Regulations
 
Recommended Changes to
Regulations Governing Educational Services for Gifted Students
 
 
  1. Local school division plans should be developed on a 5-year basis in order for school divisions to have the opportunity to develop long-term goals, implement changes, and evaluate progress in reaching the goals over time.
 
  1. Maintain the role of the state in the Local Plan approval process. State approval has played a key role that helps to ensure that funds and services are provided according to the requirements of the local plan. Local approval would cause the process to become more political and gifted programs would be at risk due to competing priorities.
 
  1. Permit school divisions to outline an eligibility process timeline within their 5-year local plan rather than the proposed revision which specifies that the identification process must be completed within 60 business days of receipt of referral. Identifying a specific number of days does not recognize the variety of programs for which the eligibility process is used.  As a large school district, we provide both district-wide and school-based program options and would be unable to execute a valid or reliable process within 60 business days. 
 
  1. Align revisions with current research-based best practice in the field of gifted education. In 1998, the National Association for Gifted Children (NAGC) developed and released the Pre-K -- Grade 12 Gifted Program Standards designed to assist school districts in examining the quality of their programming for gifted learners.   It is recommended that these standards be used as a guide for revisions and that all revisions be measured against these standards.
 
 
Also, take into consideration the specific changes proposed by both the Virginia Association of the Gifted (VAG) and the Virginia Consortium of Gifted Education Administrators to include the following:
 
8 VAC 20-40-10 Applicability
Paragraph 1
•     Change …services for students from kindergarten through high school graduation to: …services for students from kindergarten through twelfth grade
8VAC 20-20-20 Definitions
Paragraph 2
•     Change …accelerated learning aptitudes of eligible or identified students to: accelerated learning aptitudes of identified students
Paragraph 4
•     Change …beginning with kindergarten through graduation to: …beginning with kindergarten through twelfth grade
Paragraph 4, #2
Specific Academic Aptitudes
•     Change …selected academic areas that include English, history and social science, mathematics, and science: to  …selected academic areas as defined by one or more of the following: English/ language arts, mathematics, history/social science, or science.
 
Paragraph 4, #3
Career and Technical Aptitude
  • Change …advanced use of language to: advanced use of technical language
 
“Identification” definition:
•     Change …finding students who are eligible for the division’s gifted education program: to  …finding students who are eligible for service options offered through the division’s gifted education program.
•     Change …identification and placement committee to: …identification and placement committee(s)
 
“Referral” Definition
•     Change …parents, teachers, professionals, or students to: …parents/guardians, teachers, professionals, students, peers, self, or others
“Screening” Definition
•     Change to: Screening is the annual process of creating a pool forpotential 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” Definition
•     Change …the delivery of appropriate programs provided to eligible students to:…the delivery of appropriate service or services provided to eligible students
 
8 VAC 20-40-30 Screening, referral, identification, placement
 
Paragraph A
 
•           Change …procedures for identification and service in, at a minimum, English, history and social science, mathematics, and science to: …procedures for identification and service in one or more of the following: English/ language arts, mathematics, history/social science, or science
 
Paragraph A
•     Change …visual andperforming arts aptitude to: …visual or performing arts aptitude
 
Paragraph C
•     Change …referrals from school personnel, parents or legal guardians, or other persons of related expertise, as well as peer or self referral to: …referrals from parents/guardians, teachers, professionals, students, peers, self, or others
 
Paragraph D, #2
•     Change …the school division’s gifted education program to: …the school division’s gifted education services
•     Change …shall be offered programs or courses to: …shall be offered service options
 
Paragraph D, #3, e
•     Change … norm-referenced aptitude tests to: …nationally norm-referenced aptitude and/or achievement tests
 
Paragraph D, #4
•     Change …designed to address general intellectual aptitude or specific academic aptitude to: … designed to address general intellectual aptitude
•     Change …norm-referenced aptitude test to: …nationally norm-referenced aptitude and/or achievement tests
 
Paragraph D, #5
Change to: If a program is designed to address specific academic aptitude, an individually administered or group-administered, nationally norm-referenced aptitude/or achievement test shall be included as one of the three measures used in the school division’s identification procedure.
 
Add a Paragraph D, #6: 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. (From the old paragraph 5)
 
Paragraph E
•     Change …offered placement in a classroom or program setting to: … offered placement in an instructional setting
 
 
8 VAC 20-40-60 Local plan, local advisory committee and annual report
 
Paragraph A
•     Remove: …review and approve annually a comprehensive plan…
•     Reinstate: Each school division shall submit to the Department of Education for approval a five-year plan for the education of gifted students…
 
Paragraph A, #2
•     Change …personnel preparation to: professional development
 
Paragraph A, #3
•     Change …visual andperforming arts aptitude to: …visual or performing arts aptitude
 
Paragraph A, #10
•     Change …gifted student’s intellectual and academic growth to: …gifted student’s academic growth
 
Paragraph A, #11
•     Change … school division’s program of differentiated curriculum and instruction demonstrating accelerated and advanced content within programs or courses to: …school division’s differentiated curriculum and instruction demonstrating accelerated and advanced content
Paragraph A, #14
•     Change…annual evaluation to: annual review
•     Remove/delete: …including review of student outcomes and the intellectual and academic growth of gifted students.
•     Change…Such evaluation shall be based on multiple criteria and shall include multiple sources of information for gifted students to: …Such review shall be based on multiple criteria and shall include multiple sources of information
 
Paragraph B (ii)
•     Add: …to review annually the local approved plan …
 
8VAC20-40-70. Funding. (Repealed.)
Reinstate funding section
 
Finally, the revisions were created without input from critical stakeholders.   As stated in Program Administration:  Exploring Guiding Principle 3 of the NAGC Pre-K -- Grade 12 Gifted Program Standards  "Gifted education programming must reflect collaboration and alignment with the major educational agencies and stakeholder groups at the district, regional, state, and national levels."  Collaboration is an important key element that was missing when the revisions were created. 
CommentID: 1946