Proposed Text
Part I
Applicability and Definitions
8VAC20-40-10. Applicability.
This chapter shall apply to all local school divisions in the Commonwealth, regarding their services for students from kindergarten through high school graduation.
Statutory Authority
§22.1-16 and 22.1-253.13:1 of the Code of Virginia.
Historical Notes
Derived from VR270-01-0002 §1.1, eff. June 25, 1986; amended, Virginia Register Volume 11, Issue 9, eff. February 22, 1995.
8VAC20-40-20. Definitions.
The words and terms, when used in this chapter,
shall have the following meanings, unless the content context
clearly indicates otherwise:
"Appropriately differentiated curricula" for
gifted students refer to curricula designed in response to their cognitive and
effective needs. Such curricula provide emphasis on both accelerative and
enrichment opportunities for curriculum and instruction" means
curriculum and instruction adapted or modified to accommodate the accelerated
learning aptitudes of eligible or identified students in their areas of
strength. Such curriculum and instructional strategies provide accelerated and
enrichment opportunities that recognize gifted students' needs for (i) advanced
content and pacing of instruction, ; (ii) original research or
production, ; (iii) problem finding and solving, ;
(iv) higher level thinking that leads to the generation of products, ;
and (v) a focus on issues, themes, and ideas within and across areas of study. Such
curriculum and instruction are offered continuously and sequentially to support
the achievement of student outcomes, and provide support necessary for these
students to work at increasing levels of complexity that differ significantly
from those of their age-level peers.
"Eligible student" means a student who has been identified as gifted by the identification and placement committee for the school division's gifted education program.
"Gifted students" means those students in public
elementary, middle, and secondary schools beginning with kindergarten
through graduation whose abilities who demonstrate high levels of
accomplishment or who show the potential for higher levels of accomplishment
when compared to others of the same age, experience, or environment. Their
aptitudes and potential for accomplishment are so outstanding that they
require special programs to meet their educational needs. These students will
be identified by professionally qualified persons through the use of multiple criteria
as having potential or demonstrated abilities and who have evidence of high
performance capabilities, which may include leadership, aptitudes in
one or more of the following areas:
1. Intellectual General intellectual aptitude or
aptitudes. Students with advanced aptitude or conceptualization whose
development is accelerated beyond their age peers as demonstrated by advanced
skills, concepts, and creative expression in multiple general intellectual
ability or in specific intellectual abilities. Such students demonstrate
or have the potential to demonstrate superior reasoning; persistent
intellectual curiosity; advanced use of language; exceptional problem solving;
rapid acquisition and mastery of facts, concepts, and principles; and creative
and imaginative expression across a broad range of intellectual disciplines
beyond their age-level peers.
2. Specific academic aptitude. Students with specific
aptitudes in selected academic areas: mathematics; the sciences; or the
humanities as demonstrated by advanced skills, concepts, and creative
expression in those areas. Such students demonstrate or have the
potential to demonstrate superior reasoning; persistent intellectual curiosity;
advanced use of language; exceptional problem solving; rapid acquisition and
mastery of facts, concepts, and principles; and creative and imaginative
expression beyond their age-level peers in selected academic areas that include
English, history and social science, mathematics, and science.
3. Technical and practical arts Career and technical
aptitude. Students with specific aptitudes in selected technical or
practical arts as demonstrated by advanced skills and creative expression in
those areas to the extent they need and can benefit from specifically planned
educational services differentiated from those provided by the general program
experience. Such students demonstrate or have the potential to
demonstrate superior reasoning; persistent technical curiosity; advanced use of
language; exceptional problem solving; rapid acquisition and mastery of facts,
concepts, and principles; and creative and imaginative expression beyond their
age-level peers in career and technical fields.
4. Visual or performing arts aptitude. Students with
specific aptitudes in selected visual or performing arts as demonstrated by
advanced skills and creative expression who excel consistently in the
development of a product or performance in any of the visual and performing
arts to the extent that they need and can benefit from specifically planned educational
services differentiated from those generally provided by the general program
experience. Such students demonstrate or have the potential to
demonstrate superior creative reasoning and imaginative expression; persistent
artistic curiosity; and advanced acquisition and mastery of techniques,
perspectives, concepts, and principles beyond their age-level peers in visual
or performing arts.
"Identification" is means the multistaged
process of reviewing student data collected at the screening level and conducting
further evaluation of student potential to determine the most qualified
students for the specific gifted program available. finding students who
are eligible for the division's gifted education program. The identification
process begins with a divisionwide screening component that is followed by a
referral component, and that concludes with the determination of eligibility by
the school division's identification and placement committee. The
identification process includes the review of valid and reliable student data
based on criteria established and applied consistently by the school division.
The process shall include the review of information or data from multiple
sources to determine whether a student's aptitudes and learning needs are most
appropriately served through the school division's gifted education program.
"Identification/Placement Committee" "Identification
and placement committee" means a standing committee which is
composed of a professional who knows the child, classroom teacher or teachers,
others representing assessment specialists, gifted program staff and school
administration, and others deemed appropriate. This committee may operate at
the school or division level. In either case, consistent criteria must be
established for the division. the building-level or division-level
committee that shall determine a student's eligibility for the division's
gifted education program, based on the student's assessed aptitude and learning
needs. The identification and placement committee shall determine which of the
school division's service options are appropriate for meeting the learning
needs of the eligible student.
"Learning needs of gifted students" means gifted students' needs for advanced and complex content that is paced and sequenced to respond to their persistent intellectual, artistic, or technical curiosity; exceptional problem-solving abilities; rapid acquisition and mastery of information; conceptual thinking processes; and imaginative expression across a broad range of disciplines.
"Placement" means the determination of the
appropriate educational option options for each eligible student.
"Referral" means the formal and direct process that parents, teachers, professionals, or students use to request that a kindergarten through twelfth-grade student be assessed for gifted education program services.
"Screening" is the process of creating the pool
of potential candidates using multiple criteria through the referral process,
review of test data, or from other sources. Screening is the active search for
students who should be evaluated for identification means the
divisionwide search each school division conducts at least once annually across
all its students to determine which students should be referred for
identification and service in the gifted education program. The annual
screening shall, at a minimum, consist of a review of current assessment data
for all kindergarten through twelfth-grade students. Students selected through
the school division's screening process are then referred for formal
identification.
"Service options" include means the
instructional approach or approaches, setting or settings, and
staffing selected for the delivery of appropriate service or services that
are based on student needs programs provided to eligible students based
on their assessed needs in their areas of strength.
"Student outcomes" are specified expectations
based on the assessment of student cognitive and affective needs. Such outcomes
should articulate expectations for advanced levels of performance for gifted
learners means the advanced achievement and performance expectations
established for each gifted student, through the review of the student's
assessed learning needs and the goals of the program of study, that are
reviewed and reported to parents or legal guardians.
Statutory Authority
§22.1-16 and 22.1-253.13:1 of the Code of Virginia.
Historical Notes
Derived from VR270-01-0002 §1.2, eff. June 25, 1986; amended, Virginia Register Volume 11, Issue 9, eff. February 22, 1995.
Part II
Responsibilities of the Local School Divisions
8VAC20-40-30. Applicability. (Repealed.)
The requirements set forth in this part are applicable to
local school divisions providing educational services for gifted students in
elementary and secondary schools from kindergarten through graduation.
Statutory Authority
§§22.1-16 and 22.1-253.13:1 of the Code of Virginia.
Historical Notes
Derived from VR270-01-0002 §2.1, eff. June 25, 1986; amended, Virginia Register Volume 11, Issue 9, eff. February 22, 1995; repealed, Volume 24, Issue 21, 2008.
8VAC20-40-40. Identification Screening, referral,
identification, and placement.
A. Each school division shall establish a uniform procedure
with common criteria procedures for screening, referral,
and identification of general intellectual or specific academic aptitude
gifted students. If the school division elects to identify students with
specific academic aptitudes, they it shall include procedures for
identification and service in, at a minimum, English, history and social
science, mathematics, and science, and humanities. These
procedures will permit referrals from school personnel, parents or legal
guardians, other persons of related expertise, peer referral and self-referral
of those students believed to be gifted. Pertinent information, records, and
other performance evidence of referred students will be examined by a building
level or division level identification committee. Further, the committee or
committees will determine the eligibility of the referred students for
differentiated programs. Students who are found to be eligible by the
Identification/Placement Committee shall be offered a differentiated program by
the school division. School divisions may identify and serve gifted
students in career and technical aptitude or visual and performing arts
aptitude, or both, at their discretion.
B. Each school division shall maintain a division review
procedure for students whose cases are appealed. This procedure shall involve
individuals, the majority of whom did not serve on the Identification/Placement
Committee. These uniform procedures shall include a screening process
that requires instructional personnel to review, at a minimum, current
assessment data on each kindergarten through twelfth-grade student annually.
Some data used in the screening process may be incorporated into multiple
criteria reviewed by the identification and placement committee to determine
eligibility, but those data shall not replace norm-referenced aptitude test
data.
C. These uniform procedures shall permit referrals from school personnel, parents or legal guardians, or other persons of related expertise, as well as peer or self-referral. Such referrals shall be accepted for kindergarten through twelfth-grade students.
D. An identification and placement committee shall review pertinent information, records, and other performance evidence for referred students. The committee shall include a professional who knows the child, as well as classroom teachers, assessment specialists, gifted program staff, school administrators, or others with credentials or experience in gifted education. The committee shall (i) review data from multiple sources selected and used consistently within the division to assess students' aptitudes in the areas of giftedness the school division serves, (ii) determine whether a student is eligible for the division's services, and (iii) determine which of the school division's service options match the learning needs of the eligible student. The committee may review valid and reliable data administered by another division for a transfer student who has been identified previously.
1. Identification of students for the gifted education program shall be based on multiple criteria established by the school division and designed to seek out those students with superior aptitudes, including students for whom accurate identification may be affected because they are economically disadvantaged, have limited English proficiency, or have a disability. Data shall include scores from valid and reliable instruments that assess students' potential for advanced achievement, as well as instruments that assess demonstrated advanced skills, conceptual knowledge, and problem-solving aptitudes.
2. Valid and reliable data for each referred student shall be examined by the building-level or division-level identification and placement committee. The committee shall determine the eligibility of each referred student for the school division's gifted education program. Students who are found eligible by the identification and placement committee shall be offered programs or courses with appropriately differentiated curriculum and instruction by the school division.
3. The identification process used by each school division must ensure that no single criterion is used to determine a student's eligibility. The identification process shall include at least three measures from the following categories:
a. Assessment of appropriate student products, performance, or portfolio;
b. Record of observation of in-classroom behavior;
c. Appropriate rating scales, checklists, or questionnaires;
d. Individual interview;
e. Individually administered or group-administered, norm-referenced aptitude tests;
f. Record of previous accomplishments (such as awards, honors, grades, etc.); or
g. Additional valid and reliable measures or procedures.
4. If a program is designed to address general intellectual aptitude or specific academic aptitude, an individually administered or group-administered, norm-referenced aptitude test shall be included as one of the three measures used in the school division's identification procedure.
5. If a program is designed to address either the visual and 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.
E. Within 60 business 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. If a student is identified as gifted and eligible for services, the identification and placement committee shall determine which service options most effectively meet the assessed learning needs of the student. Identified gifted students shall be offered placement in a classroom or program setting that provides:
1. Appropriately differentiated curriculum and instruction provided by professional instructional personnel trained to work with gifted students; and
2. Monitored and assessed student outcomes that are reported to the parents and legal guardians.
Statutory Authority
§22.1-16 and 22.1-253.13:1 of the Code of Virginia.
Historical Notes
Derived from VR270-01-0002 §2.2, eff. June 25, 1986; amended, Virginia Register Volume 11, Issue 9, eff. February 22, 1995.
8VAC20-40-50. Criteria for screening and identification. (Repealed.)
Eligibility of students for programs for the gifted shall
be based on multiple criteria for screening and identification established by the
school division, and designed to seek out high aptitude in all populations.
Multiple criteria shall include four or more of the following categories:
1. Assessment of appropriate student products, performance,
or portfolio;
2. Record of observation of in-classroom behavior;
3. Appropriate rating scales, checklists, or questionnaires;
4. Individual interview;
5. Individual or group aptitude tests;
6. Individual or group achievement tests;
7. Record of previous accomplishments (such as awards, honors,
grades, etc.);
8. Additional valid and reliable measures or procedures.
If a program is designed to address general intellectual
aptitude, aptitude measures must be included as one of the categories in the
division identification plan. If a program is designed to address specific
academic aptitude, an achievement or an aptitude measure in the specific
academic area must be included as one of the categories in the division
identification plan. If a program is designed to address either the visual/performing
arts or technical/practical arts aptitude, a performance measure in the
specific aptitude area must be used. Inclusion of a test score in a division
identification plan does not indicate that an individual student must score at
a prescribed level on the test or tests to be admitted to the program. No
single criterion shall be used in determining students who qualify for, or are
denied access to, programs for the gifted.
Statutory Authority
§§22.1-16 and 22.1-253.13:1 of the Code of Virginia.
Historical Notes
Derived from VR270-01-0002 §2.3, eff. June 25, 1986; amended, Virginia Register Volume 11, Issue 9, eff. February 22, 1995.
8VAC20-40-55. Parental rights for notification, consent, and appeal.
A. School divisions shall provide written notification to and seek written consent from parents and legal guardians to:
1. Conduct any required assessment to determine a referred student's eligibility for the school division's gifted education program;
2. Announce the decision of the identification and placement committee regarding a referred student's eligibility for and placement in the school division's gifted education program; and
3. Provide services for an identified gifted student in the school division's gifted education program.
B. Each school division shall adopt a review procedure for students whose cases are appealed. This procedure shall involve a committee, the majority of whose members did not serve on the initial identification and placement committee, and shall inform parents or legal guardians, in writing, of the appeal process. Requests filed by parents or legal guardians to appeal any action of the identification and placement committee shall be filed within 10 business days of receipt of notification of the action by the division. The process shall include an opportunity to meet with an administrator to discuss the decision.
1. A parent or legal guardian of a student who was referred but not identified by the identification and placement committee as eligible for services in the school division's gifted education program shall be informed, in writing, within 10 business days, of the school division's process to appeal the committee's decision.
2. A parent or legal guardian of an identified gifted student may appeal any action taken by the school division to change the student's identification for, placement in, or exit from the school division's gifted education program.
C. Following the notification and consent of a parent or legal guardian, the identification and placement committee shall apprise school administrators of each student's eligibility status.
Statutory Authority
§22.1-16 and 22.1-18.1 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.
8VAC20-40-60. Local plan, local advisory committee, and annual report.
A. Each school division board shall submit to
the Department of Education for approval a review and approve annually a
comprehensive plan for the education of gifted students that includes
the components identified in these regulations. Modifications to the
plan shall be reported to the Department of Education on dates specified by the
department. The development process for the school division's local plan
for the education of the gifted shall include opportunities for public review
of the school division's plan. The approved local plan shall be accessible
through the school division's website and the school division shall ensure that
printed copies of the comprehensive plan are available to citizens who do not
have online access. The plan shall include the following components as
follow:
1. A statement of philosophy for the gifted education program;
2. A statement of the school division's gifted education program goals and objectives for identification, delivery of services, curriculum and instruction, personnel preparation, and parent and community involvement;
3. Procedures for the early and on-going screening,
referral, identification and placement of gifted students;,
beginning with kindergarten through secondary graduation twelfth-grade
in at least one of the four defined areas of giftedness; a general
intellectual or a specific academic aptitude program; and, if provided in the
school division, procedures for the screening, referral, identification, and
placement of gifted students in visual and performing arts or career and
technical aptitude programs;
4. A procedure for notifying written notification of
parents or legal guardians when additional testing or additional information is
required during the identification process and for obtaining permission of
parents or legal guardians prior to placement of students a
gifted student in the appropriate program service options;
5. A policy for notifying gifted students' change of
placement within, and written notification to parents or legal guardians
of identification and placement decisions, including initial changes in
placement or exit from the program, which includes an opportunity for
parents who disagree with the committee or committees decision to meet and
discuss their concern or concerns with an appropriate administrator.
Such notice shall include an opportunity for parents or guardians to meet and
discuss their concerns with an appropriate administrator and to file an appeal;
6. Assurances that student records are maintained according
to 8VAC20-150-10 et seq., Management of Student's Scholastic Record in the
Public Schools of Virginia in compliance with applicable state and
federal privacy laws and regulations;
7. Assurances that (i) testing and evaluation assessment
materials selected and administered are sensitive to free of
cultural, racial, and linguistic differences, biases; (ii)
identification procedures are constructed so that they those
procedures may identify high potential/ability in all underserved
culturally diverse, low socio-economic, and disabled populations, high
potential or aptitude in any student whose accurate identification may be
affected by economic disadvantages, by limited English proficiency, or by
disability; (iii) standardized tests and other measures have been
validated for the specific purpose for which they are used purpose of
identifying gifted students; and (iv) instruments are administered and
interpreted by a trained personnel in conformity with the developer's
instructions of their producer;
8. A procedure to identify and evaluate student outcomes
based on the initial and ongoing assessment of their cognitive and affective
needs;
9. A procedure to match service options, including
instructional approaches, settings, and staffing, to designated student needs;
10. A framework for appropriately differentiated curricula
indicating accelerative and enrichment opportunities in content, process, and
product;
11. Procedures for the selection/evaluation of teachers and
for the training of personnel to include administrators/supervisors, teachers,
and support staff;
12. Procedures for the appropriate evaluation of the
effectiveness of the school division's program for gifted students; and
13. Other information as required by the Department of
Education.
8. Assurances that accommodations or modifications determined by the school division's special education Individual Education Plan (IEP) team, as required for the student to receive a free appropriate public education, shall be incorporated into the student's gifted education services;
9. Assurances that a written copy of the school division's approved local plan for the education of the gifted is available to parents or legal guardians of each referred student, and to others upon request;
10. Evidence that gifted education service options from kindergarten through twelfth grade are offered continuously and sequentially, with instructional time during the school day and week to (i) work with their age-level peers, (ii) work with their intellectual and academic peers, (iii) work independently; and (iv) foster intellectual and academic growth of gifted students. Parents and legal guardians shall receive assessment of each gifted student's intellectual and academic growth;
11. A description of the school division's program of differentiated curriculum and instruction demonstrating accelerated and advanced content within programs or courses;
12. Polices and procedures that allow access to programs of study and advanced courses at a pace and sequence commensurate with their learning needs;
13. Evidence that school divisions provide professional development based on the competencies specified in 8VAC20-542-310, Gifted education (add-on endorsement), for instructional personnel who deliver services within the gifted education program; and
14. Procedures for the annual evaluation of the effectiveness of the school division's gifted education program, including review of student outcomes and the intellectual and academic growth of gifted students. Such evaluations shall be based on multiple criteria and shall include multiple sources of information for gifted students.
B. Each school division shall establish a local advisory
committee composed of parents, school personnel, and other community members who
are appointed by the school board. This committee shall reflect the ethnic
and geographical composition of the school division. The purpose of this committee
shall be to advise the school board through the division superintendent of the
educational needs of all gifted students in the division. As a part of this
goal, the This committee shall have two responsibilities: (i) to
review annually the local plan for the education of gifted students, including
revisions, and (ii) to determine the extent to which the plan for the
previous year was implemented. The findings of the annual program
effectiveness and the recommendations of the advisory committee shall be
submitted annually in writing through to the division
superintendent to and the school board.
C. Each school division shall submit an annual report to the Department of Education in a format prescribed by the department.
Statutory Authority
§22.1-16, 22.1-253.13:1, and 22.1-18.1 of the Code of
Virginia.
Historical Notes
Derived from VR270-01-0002 §2.4, eff. June 25, 1986; amended, Virginia Register Volume 11, Issue 9, eff. February 22, 1995.
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.
Statutory Authority
§§22.1-16 and 22.1-253.13:1 of the Code of Virginia.
Historical Notes
Derived from VR270-01-0002 §2.5, eff. June 25, 1986; amended, Virginia Register Volume 11, Issue 9, eff. February 22, 1995.