Current through Register Vol. 42, No. 11, August 30, 2024
(1)
Definition. Intellectually gifted
children and youth are those who perform or who have demonstrated the potential
to perform at high levels in academic or creative fields when compared with
others of their age, experience, or environment. These children and youth
require services not ordinarily provided by the regular school program.
Children and youth possessing these abilities can be found in all populations,
across all economic strata, and in all areas of human endeavor.
(2)
Referral. Each LEA must develop and
implement procedures to ensure that students who exhibit gifted characteristics
are referred for gifted services.
(a) Public
Notice. Parents, teachers, and students must be informed of referral
procedures.
(b) Equity. Efforts
must be made to identify students among all populations and socio-economic
groups as well as students with disabilities and students who are Limited
English Proficient (LEP).
(c)
Second Grade Child Find. All second grade students will be observed as
potential gifted referrals using a gifted behavior checklist provided by the
State Department of Education.
(d)
Standard Referral. A student may be referred for consideration for gifted
services by teachers, counselors, administrators, parents or guardians, peers,
self, and other individuals with knowledge of the student's abilities. Standard
referrals may occur at any time for students six years of age and older.
Parents must be informed when students are referred.
(e) Gifted Referrals Screening Team (GRST).
Each LEA must establish a team(s) to review referrals to determine if further
assessment is indicated. Each team should consist of at least three individuals
including someone knowledgeable about the student and someone knowledgeable
about gifted education.
(3)
Consent.
(a) Parental Consent for Evaluation. The LEA
must obtain written parental consent prior to administering individual
assessments.
(b) Parental Consent
for Placement. An identified gifted student may be placed in a program for the
gifted upon written approval of the parents. Participation in this program is
not mandatory should the parent and/or the student choose not to
participate.
(c) Rights in Gifted
Education. A copy of the rights pertaining to gifted education services must be
given to the parents with the consent for screening and/or
evaluation.
(4)
Evaluation. Each LEA must develop and
implement procedures to evaluate students referred for gifted services.
(a) Information must be obtained in the
following areas:
1. Aptitude. Aptitude should
be assessed through an individual or group test of intelligence or creativity.
Vision and hearing screening must be completed prior to completing individually
administered aptitude assessments (not screeners).
2. Performance. At least three examples of
student performance that indicate the student is performing at high levels in
academic or creative fields when compared to others of his or her age,
experience, or environment must be included.
3. Characteristics. A behavior rating scale
designed to assess gifted behaviors should be used.
4. Aptitude Test Selection. Information must
be gathered to determine if there are any environmental, cultural, economic,
language differences, or a disabling condition that might mask a student's true
abilities and thereby affect student performance in the areas
evaluated.
(b) Tests and
evaluative materials selected and administered should be sensitive to cultural,
economic, and linguistic differences and be administered by qualified personnel
under the supervision of an LEA.
(c) For special populations such children
with LEP, or sensory or physical impairments, assessments used must be
appropriate for their special needs.
(d) For students who exhibit creative
thinking abilities the Torrance Test of Creative Thinking (or
other creativity assessment with prior approval) must be administered unless
the student has been determined eligible with a verbal or nonverbal
assessment.
(5)
Eligibility Determination. Each LEA must
establish an Eligibility Determination Team(s) (EDT) to implement procedures to
determine eligibility of students for gifted services. Each team should consist
of at least three individuals including someone knowledgeable about the student
being assessed, someone knowledgeable about gifted students in general, and
someone able to interpret the assessment information gathered.
(a) Timeline. Eligibility must be determined
within 90 days of receiving parental consent for standard referrals. Referrals
generated from the second grade Child Find activity should be completed by the
beginning of the student's third grade year.
(b) Notice. The LEAs must provide written
notice to parents regarding the eligibility decision.
(c) Eligibility Criteria. Two methods of
eligibility determination are available. The student may not be determined
ineligible without having the matrix applied.
1. Automatic Eligibility. A student may be
determined automatically eligible for gifted services when the obtained full
scale/composite IQ score on an individually administered test of intelligence
(NOT a screener) is two standard deviations above the mean or higher; or either
the Verbal Average Standard score or Figural Creativity Index of the
Torrance Tests of Creative Thinking is at or above the 97
th national percentile.
2. Matrix of Multiple Criteria. The matrix of
multiple criteria developed by the State Department of Education, requires
information in the areas described above in (4)(a)1-4 of this section.
(i) Use of other matrices must be approved by
the State Department of Education.
(ii) Students with environmental, cultural,
economic, or language differences may not be determined ineligible until both
verbal and nonverbal abilities have been assessed
(6)
Placement and Service Delivery Options.
LEAs must utilize a variety of service delivery options that may include but
are not limited to resource room pull-out, consultation, mentorships, advanced
classes, and independent study. Gifted students' need for complexity and
accelerated pacing must be accommodated for in the general education program.
Accommodations may include strategies such as flexible skills grouping, cluster
grouping with differentiation, curriculum compacting, subject and grade
acceleration, dual enrollment, and advanced classes. Each LEA must establish
and implement a procedure for considering any requests for subject or grade
acceleration. The procedures must be approved by the State Department of
Education and will be included in the LEA Plan for Gifted.
(a) Modes of service delivery may vary by
grade and/or grade level cluster but must be consistent from school to school.
In addition, services must be comparable in quality and duration from school to
school within an LEA.
(b) Modes of
service delivery to each grade level or grade level cluster or the intent to
utilize general education staff to teach advanced classes must be approved by
the State Department of Education in the LEA Plan for Gifted.
In the event that general education staff are utilized, they must be
knowledgeable of gifted learners, trained in differentiation, and demonstrate a
willingness to address the needs of diverse learners. Exceptions to the modes
of service delivery for any grade or grade level cluster require prior state
approval.
(c) The recommended modes
for services are as follows:
1. Grades
K-2-regular classroom accommodations with consultation from a gifted specialist
as needed. The general education teacher should be knowledgeable of gifted
learners, trained in differentiation, and demonstrate a willingness to address
the needs of diverse learners.
2.
Grades 3-5/6-resource room pull-out for 3-5 hours a week,
3. Grades 6/7-8-pull-out services including
electives and enrichment clusters, and/or, advanced classes in the core content
areas.
4. Grades 9-12-advanced
classes (including Advanced Placement and International Baccalaureate),
electives, dual enrollment (where available), career/college counseling,
mentorships, seminars, and independent studies.
(7)
Gifted Education Plan
(GEP). Each gifted student
receiving pull-out services, must have a written plan that describes the
services to be provided. GEPs are not required for students receiving services
other than pull-out unless there is a specific need. If GEPs are not written
for students receiving services in the general education classroom a plan for
monitoring the services must be included in the LEA Plan for
Gifted.
(a) GEP meetings may be held
on an individual basis, group basis, or both.
(b) GEP Meeting Notice. School officials must
provide prior notice to parents regarding the date, time, and location of the
GEP meeting.
(c) Services may begin
upon receipt of the parent's written consent. For the student who has been
initially identified as gifted, the GEP must be developed and signed within 30
days.
(d) GEP Meeting Participants.
Two signatures are required on the GEP. The participants may include the gifted
specialist, the parents, the student (when appropriate), and other persons at
the discretion of the parents or LEA (i.e. the general education teacher or
staff member). When parents cannot attend the GEP meeting, the meeting can be
conducted with the gifted specialist (or other staff member responsible for the
student's program) and the student (when appropriate).
(e) GEP Content. A GEP for gifted students
must contain the following information:
1.
Name of Student,
2. Implementation
To and From Dates/Grades,
3.
Transportation, if appropriate,
4.
Placement and Service Delivery Options (i.e., the location of services to be
provided),
5. Curricular Options
and/or Program Description (i.e., an explanation of the services to be
provided),
6. Accommodations in the
general education classroom must be provided for the times that gifted students
are in pull-out classes. The accommodations form must be completed if the
following accommodations are not made:
(i)
Student will not be required to make up missed class work,
(ii) If new material is introduced, student
will be instructed by peer or teacher in a small group or one-on-one
setting,
(iii) If tests are
administered, student will take the test when he or she returns to the
classroom or at a mutually agreed upon time, and
7. Dated signatures of each GEP Committee
member.
(f) GEP Review.
GEPs may be reviewed annually but must be reviewed every three years or sooner
if the mode of service delivery changes. If the mode of service delivery
remains the same during a three-year period (e.g., resource room pull-out
services during Grades 3-5) then only one GEP meeting is required. If the
parents or the gifted specialist have reason to believe that the GEP needs
revision during this time, either party may request a GEP meeting to consider
revisions. When a GEP Committee meeting has been requested, the LEA must
conduct the meeting within 30 calendar days.
(g) A copy of the GEP must be provided to
parents upon request.
(h) Only the
GEP Committee can make the determination to interrupt services due to
behavioral or academic issues.
(8)
Administration.
(a) Age Range for Services. An LEA must serve
gifted students beginning with those six years of age. Refer to Ala. Code Title
16, Chapter 39§3. An identified gifted student is no longer eligible for
services when the student earns an Alabama High School Diploma.
(b) Transportation. Gifted students must not
be excluded from services because of inadequate transportation
services.
(c) Student Enrollment.
Students must be enrolled in the public school in order to be referred,
evaluated, and/or to receive gifted services.
(d) Child Count. Gifted students must be
included in the LEA's Child Count when all of the following criteria are met:
1. Student is identified by state approved
standards, and
2. Services can be
documented as of the State capture date for Child Count.
(e) LEA Plan for Gifted Services. LEAs must
develop and implement, according to state guidelines, a written plan for
serving gifted students. The plan will include:
1. Philosophy,
2. Child Find activities,
3. Screening/eligibility criteria,
4. Service delivery options for each grade
level or grade level cluster,
5.
Subject and grade acceleration procedures,
6. Teaching assignments and other
responsibilities of gifted specialists,
7. Professional development for gifted
specialists and general educators,
8. Other information as required by the State
Department of Education.
(f) Transfer Students. When gifted students
transfer from one school to another within the State of Alabama the receiving
LEA must honor the sending LEA's decision if eligibility was determined by
State standards. Students transferring from out of state must meet Alabama
eligibility criteria.
(g)
Responsible Staff Person. Each LEA must designate a person to have the
responsibility for the development, supervision, and implementation of gifted
services.
(9) Caseload.
The following numbers are considered to be appropriate when determining
caseloads for gifted specialists:
(a)
Elementary - 45 total, no more than 15 at one time.
(b) Middle School - 75 total, no more than 15
at one time.
(c) Elementary-Middle
combination - 45 total, no more than 15 at one time.
(d) High School - 75 total, no more than 20
at one time.
(10)
Procedural Safeguards. Each LEA must
establish a grievance procedure, consistent with local policy, through which
parents and students may resolve concerns regarding identification, evaluation,
eligibility, or services for gifted students. When attempts to resolve the
issue at the local level fail, parents may utilize the Complaint Procedures, or
Mediation Procedures developed by the State Department of Education as an
appropriate administrative remedy for matters pertaining to violations of state
law or regulation regarding the identification, evaluation, eligibility, or
services for gifted students. To obtain a copy of these procedures, call
Special Education Services at (334) 242-8114, or write to Special Education
Services, Post Office Box 302101, Montgomery, Alabama 36130-2101.
Author: Joseph B. Morton
Statutory Authority:
Code of Ala.
1975, Title 16, Chapter 39;
20 U.S.C.
1400 et seq.; 34 CFR §300.
