Vol. 28 Iss. 24 - July 30, 2012

Chapter 40
Final Regulation

REGISTRAR'S NOTICE: The State Board of Education has claimed an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law or the appropriation act where no agency discretion is involved. The State Board of Education will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 8VAC20-40. Regulations Governing Educational Services for Gifted Students (amending 8VAC20-40-60).

Statutory Authority: § 22.1-16 of the Code of Virginia.

Effective Date: August 29, 2012.

Agency Contact: Dr. Linda M. Wallinger, Assistant Superintendent for Instruction, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-2034, FAX (804) 371-2350, or email


The amendment allows each school division to decide whether to establish a local advisory committee on gifted education.

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 board shall approve a comprehensive plan for the education of gifted students that includes the components identified in these regulations. 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:

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, 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 twelfth-grade in at least 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 or performing arts or career and technical aptitude programs;

4. A procedure for 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 a gifted student in the appropriate service options;

5. A policy for written notification to parents or legal guardians of identification and placement decisions, including initial changes in placement or exit from the program. 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 in compliance with applicable state and federal privacy laws and regulations;

7. Assurances that (i) the selected and administered testing and assessment materials have been evaluated by the developers for cultural, racial, and linguistic biases; (ii) identification procedures are constructed so that those procedures may identify 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 purpose of identifying gifted students; and (iv) instruments are administered and interpreted by a trained personnel in conformity with the developer's instructions;

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 academic growth;

11. A description of the school division's program of differentiated curriculum and instruction demonstrating accelerated and advanced content;

12. 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 outlined in 8VAC20-542-310 related to gifted education; and

14. Procedures for the annual 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 academic growth of gifted students. Such review shall be based on multiple criteria and shall include multiple sources of information.

B. Each school division shall may 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. 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 to the division superintendent 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.

VA.R. Doc. No. R12-3300; Filed July 2, 2012, 4:22 p.m.