New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 31 - SPECIAL EDUCATION
Part 3 - GIFTED AND TALENTED STUDENTS
Section 6.31.3.9 - GIFTED EDUCATION PROGRAM PLAN

Universal Citation: 6 NM Admin Code 6.31.3.9

Current through Register Vol. 36, No. 6, March 25, 2025

A. LEAs shall submit a gifted education program plan for the next fiscal year to the department every other year by a department-assigned date. A gifted education program plan shall be deemed complete if it addresses all elements specified in Subsection B of this section. The gifted education program plan shall describe the efforts the LEA will make to identify gifted students from all demographic groups, including racially and ethnically diverse students, economically diverse students, culturally diverse students, students with limited English proficiency, and students with disabilities.

B. A gifted education program plan shall:

(1) describe how the LEA will communicate with parents and school personnel about the gifted program plan described in this subsection;

(2) describe the identification process the LEA will use to identify gifted students. The identification process shall recognize a student's exceptional abilities or potential, interests, and needs to guide student instruction and individualized programming. The description of the identification process shall include:
(a) procedures to equalize access to screening and to improve proportionality of representation for all demographic groups pursuant to Subsection A of this section;

(b) referral and screening procedures;

(c) multiple sources of qualitative and quantitative data;

(d) qualification criteria;

(e) GIEP team procedures;

(f) methods and timeline for communicating with parents about results and next steps of a student's eligibility, and GIEP development and review; and

(g) dispute resolution processes to address parent disputes over gifted identification or parent disputes over gifted services. The dispute resolution process shall be pursuant to Section 14 of this rule.

(3) describe the programming components the LEA will use to address the educational needs of gifted students. Programming components shall use evidence-based programs and service models to produce advanced outcomes, develop the strengths and interests of gifted students, and address other educational needs as determined by GIEP teams. Anticipating these needs, programming components shall address:
(a) alignment of current assessment data to services in the areas of gifted students' needs;

(b) structures by which gifted students' anticipated individual needs shall be met at each grade level;

(c) support for gifted students' general education teachers in differentiated instruction methods;

(d) social, affective, and guidance support systems for gifted students;

(e) alignment of general education and gifted education instructional content with gifted students' areas of strength;

(f) articulation to meet gifted students' needs as they are promoted to the next grade;

(g) articulation to meet gifted students' needs as they graduate from high school and continue in a postsecondary learning setting;

(h) pre-advanced placement or precollege support;

(i) whole-grade and single-subject acceleration policy or procedures; and

(j) GIEP development and annual review conducted through GIEP teams.

(4) describe how the LEA will:
(a) assess and monitor gifted students' commensurate growth in academic achievement;

(b) assess and monitor gifted students' affective development;

(c) ensure assessment and reporting of gifted students' academic achievement are consistent with accreditation requirements;

(d) periodically conduct a program evaluation of the gifted program, including evaluation feedback from the advisory committee pursuant to Section 8 of this rule, and review programming components including but not limited to gifted policy, goals, identification processes, programming components, staffing, budget and reporting practices, and the impact of programming on gifted student achievement and progress; and

(e) inform parents, educators, and other required GIEP team members of the program evaluation.

(5) describe the staffing plan and qualifications of those who provide instruction, counseling, coordination, and other support for gifted students. Qualified gifted education personnel shall have professional knowledge about characteristics and needs of gifted students and appropriate instruction methods, and shall demonstrate professional competencies in gifted education pursuant to 6.64.18 NMAC;

(6) describe how the LEA will manage and coordinate implementation of the program plan;

(7) describe professional development activities to:
(a) improve and enhance the skills, knowledge, and expertise of teachers and other personnel who provide instruction and other services to gifted students; and

(b) recruit and train new qualified gifted education teachers to fill any anticipated vacancies, if applicable;

(8) describe efforts to collaborate with postsecondary educational institutions to provide professional learning for gifted education teachers;

(9) provide evidence of the LEA's efforts to achieve equity by reporting:
(a) the number of formally identified gifted students served through gifted programming by grade level, gender, race, ethnicity, twice-exceptionality, and linguistic diversity;

(b) the number of non-identified students served through gifted programming;

(c) the percentage of all students identified as gifted through formal identification processes;

(d) the number and proportion of gifted education teachers to gifted students; and

(e) methods and tools used to monitor the effectiveness of services as evidenced by gifted students' achievement and commensurate growth.

C. Department approval or disapproval of a gifted education program plan shall remain in effect for two years or until a revised gifted education program plan is evaluated by the department.

D. Nothing in this section shall preclude a school district or charter school from offering additional gifted programs for students who fail to meet the eligibility criteria. However, the state will only provide state funds for department-approved gifted programs for those students who meet the established criteria.

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