Final Text
Part I
Applicability and Definitions
8VAC20-40-10. Applicability.
This chapter shall apply to all local school divisions in the
Commonwealth. , regarding their gifted education services for
students from kindergarten through twelfth grade.
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 twelfth grade 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 or
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
technical 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 service options offered through 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 or committees. 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 or legal guardians, teachers, professionals, or
students, peers, self, or others 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 annual
process of creating a pool for candidates from kindergarten through twelfth grade
using multiple criteria through the referral process, the review of current
assessment data, or other information from other sources. Screening is the
active search for students who are then referred for the formal identification
process.
"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 service or services 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.
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.
8VAC20-40-40. Identification Screening, referral,
identification, and placement service.
A. Each school division shall establish a uniform procedure
with common criteria procedures for screening, referral,
and identification of gifted students. referring, identifying,
and serving students in kindergarten through twelfth grade who are gifted in
general intellectual or specific academic aptitude. If the school division
elects to identify students with specific academic aptitudes in
general intellectual aptitude, they it shall include
procedures for identification and service in, at a minimum, English, history
and social science, mathematics, and science, and humanities provide
service options from kindergarten through twelfth grade. 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. Identification
in a specific academic aptitude area may occur as assessment instruments exist
to support identification. If the school division elects to identify students
in one or more selected academic aptitude areas, it shall provide service
options through twelfth grade. School divisions may identify and serve
gifted students in career and technical aptitude or visual and or
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 designated 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 teachers,
professionals, students, peers, self, or others. 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 consider input from a professional who
knows the child. 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 services.
Students who are found eligible by the identification and placement committee
shall be offered programs or courses service options 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, nationally norm-referenced aptitude or achievement 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, nationally 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 specific academic
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 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 procedures.
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 a part of the data reviewed by the identification and placement committee.
E. Within 60 business 90 instructional days of,
beginning with the receipt of a referral parent's or legal
guardian's consent for assessment, 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 an instructional 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.
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.
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 instructional 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 instructional 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.
8VAC20-40-60. Local plan, local advisory committee, and annual report.
A. Each school board shall submit a comprehensive plan for
the education of gifted students to the Department of Education (DOE) for technical
review on a schedule determined by the department. 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 [ and the local operational definition of giftedness for the school division ] ;
2. A statement of the school division's gifted education
program goals and objectives for identification, delivery of services,
curriculum and instruction, personnel preparation professional
development, [ equitable representation of students, ] 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 or 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 the
selected and administered testing and assessment materials have been evaluated
by the developers for 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 Individualized Education Program (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 student's 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 Policies 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 [ teacher ] competencies [ specified
outlined ] in 8VAC20-542-310 [, Gifted education
(add-on endorsement), for instructional personnel who deliver services within
the gifted education program related to gifted education ] ;
and
14. Procedures for the annual evaluation review
of the effectiveness of the school division's gifted education program,
including [ the review of screening, referral, identification, and
program procedures toward the achievement of equitable representation of
students, the ] review of student outcomes and the intellectual
and academic growth of gifted students. Such evaluations review
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.
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.
Funds designated by the Virginia General Assembly for the education of
gifted students shall be used by school divisions in accordance with the
provisions of the appropriation act.