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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9/25/08  11:39 am
Commenter: William F. Russo

oppose several aspects of proposed GT regs
 

Some of the proposed changes are welcome, such as updating
definitions and requiring that the local plan for GT education be
posted on the school division's website, as FCPS had already done.
http://www.fcps.edu/DIS/gt/column/columnlocalplan.html. Other
changes mandate parental notification in writing.

Several proposed changes, however, can negatively impact our
children.

First, potential loss of money.

The regulation that specifically requires the local school district
to use funding it receives for gifted programs exclusively on the
gifted program is being deleted. 8 VAC 20-40-70. Funding. In the
future, a locality could use this money for other programs.

Second, loss of expert oversight and increased administrative
workload.

The regulations currently require each district to submit a plan for
gifted education for DOE approval, with districts working on a five
year plan with an annual update on progress towards the plan's
goals. 8 VAC 20-40-60.

The revised regulations give approval of an annual plan to the local
school board alone. Since the local school board members are not
experts in GT education (and some have made public comments hostile
to GT education), without DOE oversight and peer review, there is a
real risk that the GT Plan will be watered down. At a minimum, the
annual plans will require more time and effort, as each plan expires
before administrators can effectively determine if its goals have
been met. 8 VAC 20-40-60.
Third, short time to assess students.

FCPS currently assesses students on a timetable that takes several
months, from the initial second grade (or later) testing, through
compilation of a file by the classroom teacher and GT Specialist, to
final review of the file by county GT administrators. The proposed
regulations require that process be completed within 60 days, which
may lead to rushed decisions, especially if test results are
delayed. The current FCPS procedures of administering the tests
twice a year seems to adequately balance the needs of the GT children
with the administrative burden required to evaluate GT referrals. 8
VAC 20-40-40.E.

Fourth, short time to appeal adverse decision.

Although the proposed regulations codify a school district's
requirement to notify parents in writing that their child was not
selected for GT services, they give parents only ten business days
from receipt of the GT committee's decision to file an appeal. 8 VAC
20-40-55. That seems a bit short. Current FCPS practice is to send
out the eligibility letters around the end of April, with appeals due
on June 1, 2009. http://www.fcps.edu/DIS/gt/forms.html#others.

 

CommentID: 2526