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 Final
Comment Period Ended on 3/3/2010
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4/28/10  11:40 pm
Commenter: Freddie W. Nicholas, Jr., Esquire

Implement the NAACP Gifted Education Recommendations
 

I strongly urge our elected and appointed officials to accept and implement the NAACP
recommended changes and amendments to the gifted education regulations. The NAACP
recommendations will result in a more equitable gifted and governor’s school program
throughout Virginia. Minority and low-income gifted students will receive needed services so
they can reach their fullest potential and make their necessary contributions to Virginia, the
United States, and our global community.


In Newport News Public Schools, where my daughter did her student teaching while at Hampton University from 2003 to 2007, African American students are 58% of the student enrollment
but only 31% of students receiving gifted education services. Caucasian students are 31% of the
student enrollment, yet 57% of students receiving gifted education services.
-Recommend Virginia model its gifted program after Texas.
-Recommend: Change 8 VAC 20-40-20 Definitions. Include this definition on equity.
-Equity exists when the various population groups are reflected in the same proportions as they
are represented in the larger population.
-For example, if 50 percent of the population is Hispanic, then theoretically 50 percent of the
identified gifted/talented students should be Hispanic.
-Of the Hispanic population, if 40 percent are economically disadvantaged, then 40 percent of
the identified gifted/talented Hispanic students should be economically disadvantaged Hispanic
students.

In Chesterfield Public Schools, where my siblings and I were educated, one of my siblings currently teaches, and my three year old son will soon begin his formal education, African American students are 27% of the student enrollment, but only 10% of students receiving gifted education services. Caucasian students are 61% of the student enrollment, yet 82% of students receiving gifted education services.
-Of the 57 Chesterfield County students selected for admission to Maggie Walker Governor’s
School for the 2009-10 school year, 1 student was African American and 1 student was Hispanic;
and
-Students eligible for free or reduced-price lunch are 25% of the school district enrollment but
less than 3% of students placed in the center-based gifted education program.
-Recommend rejecting 8 VAC 20-40-40 subparagraph D3, Screening, referral, identification,
and service. Subparagraph D.3 provides that the identification process used by each school
division must ensure that no single criterion is used to determine a student’s eligibility [for gifted
services].
-Chesterfield County Public Schools uses a single criterion – 97th percentile or higher on the
CoGAT – for a student to be considered for center-based gifted education programs. Students
scoring in the 96th percentile or below are considered for home school gifted services which
consists of differentiated instruction in the classroom (at best).
-Recommend subparagraph D3 be rejected and replaced with specific language that establishes
how to weight the criteria relied upon for gifted identification. The weight given any criteria
should be research-based and validated.
-Recommend subparagraph D3 be rejected and replaced with specific language requiring school
divisions which rely upon a cut off score, in this case 97th percentile, and used to determine the
level of gifted services, to establish the validity of using that criteria as a determinant in
providing the level of gifted services.

In Petersburg City Public Schools, where I serve on a nonprofit board,  African American students are 94% of the student enrollment but only 87% of students receiving gifted education services. Caucasian students are 2% of the student enrollment, yet 10% of students receiving gifted education services.
-Recommend the regulations include this language:
Significant disproportionality.
-The VADOE and school divisions must collect and examine data to determine if significant
disproportionality based on race, ethnicity, and poverty status is occurring in the State and school
divisions with respect to identification of children for gifted education and governor’s school
programs.
-In school divisions where significant disproportionality exists, school divisions are required to
reserve 15% of gifted funds to address the disparity.
-In school divisions where significant disproportionality exists, school divisions will review
policies, procedures, and practices related to identification of minority and low-income gifted
students.
-If policies, procedures, or practices are deficient in school divisions where significant
disproportionality exists, the VADOE will require the school division to revise to comply with
the requirements.
-In school divisions where significant disproportionality exists, the VADOE will require the
school division to publicly report on the revisions of policies, procedures, and practices.

Thank you for presenting this opportunity for public comment.

CommentID: 14064