Current through all regulations passed and filed through September 16, 2024
(A) Definitions
(1) "Gifted" means students who perform or
show potential for performing at remarkably high levels of accomplishment when
compared to others of their age, experience, or environment and who are
identified under division (A), (B), (C), or (D) of section
3324.03 of the Revised
Code.
(2) "School district" means a
city, local, or exempted village school district and does not include a joint
vocational school district.
(3)
"Specific academic ability field" means one or more of the following areas of
instruction:
(a) Mathematics;
(b) Science;
(c) Reading, writing, or a combination of
these skills; and/or
(d) Social
studies.
(4) "Trained
individual" means a person who by training or experience is qualified to
perform the prescribed activity, e.g., educator, private teacher, higher
education faculty member, working professional in the field of visual or
performing arts or a person trained to administer assessments/checklists to
identify gifted ability in creative, visual or performing arts.
(5) "Visual or performing arts ability" means
ability in areas such as drawing, painting, sculpting, music, dance and
drama.
(B) General
All minimum standards for elementary and secondary schools
shall be followed for students who are gifted.
(C) Identification
(1) Definition
The board of education of each district shall identify students
who are gifted and are enrolled in that district in grades kindergarten through
twelve as follows:
(a) A student shall
be identified as exhibiting "superior cognitive ability" if the student did
either of the following within the preceding twenty-four months:
(i) Scored two standard deviations above the
mean, minus the standard error of measurement, on an approved individual
standardized intelligence test administered by a licensed or certified school
psychologist or licensed psychologist; or
(ii) Accomplished any one of the following:
(a) Scored at least two standard deviations
above the mean, minus the standard error of measurement, on an approved
standardized group intelligence test;
(b) Performed at or above the ninety-fifth
percentile on an approved individual or group standardized basic or composite
battery of a nationally normed achievement test; or
(c) Attained an approved score on one or more
above grade-level standardized, nationally normed approved tests.
(b) A student shall be
identified as exhibiting "specific academic ability" superior to that of
students of similar age in a specific academic ability field, if, within the
preceding twenty-four months the student performed at or above the ninety-fifth
percentile at the national level on an approved individual or group
standardized achievement test of specific academic ability in that field. A
student may be identified as gifted in more than one specific academic ability
field.
(c) A student shall be
identified as exhibiting "creative thinking ability" superior to a student of a
similar age, if within the previous twenty-four months, the student scored one
standard deviation above the mean, minus the standard error of measurement, on
an approved individual or group intelligence test and also did either of the
following:
(i) Attained a sufficient score,
as established by the department of education, on an approved individual or
group test of creative ability; or
(ii) Exhibited sufficient performance, as
established by the department of education, on an approved checklist by a
trained individual of creative behaviors.
(d) A student shall be identified as
exhibiting "visual or performing arts ability" superior to that of students of
similar age if the student has done both of the following:
(i) Demonstrated to a trained individual
through a display of work, an audition, or other performance or exhibition,
superior ability in a visual or performing arts area; and
(ii) Exhibited to a trained individual
sufficient performance, as established by the department of education, on an
approved checklist of behaviors related to a specific arts area.
(e) After any initial gifted
identification made in conformance with this rule, a student shall remain
identified regardless of subsequent testing or classroom performance.
(2) Testing/assessment
(a) A list of the approved instruments and
checklists will be established and published by the department of
education.
(b) The district shall
select instruments from the list established by the department for use in the
identification of students who are gifted.
(c) The district shall ensure that assessment
instruments:
(i) Are administered by a trained
individual in conformance with the instructions provided by their
publisher;
(ii) Have been validated
for the specific purpose and populations for which they are used and measure
the specific area(s) of gifted ability;
(iii) Allow for appropriate screening and
identification of minority or disadvantaged students, students with
disabilities, and English learners;
(iv) Are provided and administered in the
student's native language or other mode of communication if English is a
barrier to the student's performance or if requested by the parent;
(v) Are provided and administered using the
accommodations in a student's "Individualized Education Program" or "504 Plan."
If these accommodations are not consistent with a test's allowable
accommodations, a comparable approved assessment instrument shall be used;
and
(vi) Are selected and
administered so as to best ensure that when a test is administered to a student
with a disability or impaired sensory, manual or speaking skills, the test
results accurately reflect the student's aptitude or achievement level or
whatever other factors the test purports to measure, rather than reflecting the
student's disability or impaired sensory, manual or speaking skills.
(3) District
identification plan
The board of education of each district shall adopt a plan as
specified in section 3324.04 of the Revised Code for
identifying students who are gifted:
(a) The district identification plan, in
accordance with department of education guidelines, shall be submitted to the
department of education for approval immediately following district board of
education approval.
(b) The
department of education shall approve the plan within sixty days if it contains
all of the following:
(i) A description of
the assessment instruments from the list approved by the department that the
district will use to screen and identify students who are gifted;
(ii) The provision of at least two whole
grade screening opportunities as follows:
(a)
For (I) superior cognitive ability, (II) specific academic ability in the areas
of (a) mathematics and (b) reading, writing or a combination of these skills,
and (III) creative thinking ability for all students once prior to the end of
grade two.
(b) For (I) superior
cognitive ability, (II) specific academic ability in the areas of (a)
mathematics and (b) reading, writing or a combination of these skills, and
(III) creative thinking ability for all students once after the completion of
grade two but prior to the end of grade six.
(iii) Acceptable scheduling procedures for
screening and for administering assessment instruments for identifying students
who are gifted. These procedures shall provide:
(a) In the case of students who have
requested assessment or who have been recommended for assessment by teachers,
parents, or other students, at least two opportunities a year for assessment
regardless of the grade levels where gifted services are offered. A student's
initial assessment shall be completed within ninety days of referral;
(b) Assurance of inclusion in screening and
assessment procedures for minority and disadvantaged students, students with
disabilities, and English learners; and
(c) Assurance that any student transferring
into the district will be assessed within ninety days of the transfer at the
request of a parent;
(iv)
Procedures for notification of parents within thirty days of the district's
receipt of a student's results on any screening procedure or assessment
instrument; and
(v) The provision
of an opportunity for parents to appeal any decision about the results of any
screening procedure or assessment, the scheduling of students for assessment,
or the placement of a student in any program or for receipt of
services.
(c) The
district shall accept assessment results from other districts or from a trained
individual outside the district, as equivalent to district testing as set forth
in paragraph (C) of this rule (identification) and may not exclude a student
from service options due to reassessment, test scores from other districts or
test scores from trained personnel outside the district if the student meets
the criteria specified in paragraph (C) of this rule (identification).
Districts shall not alter eligibility through any consideration or computation
other than as set forth in paragraph (C) of this rule
(identification).
(d) The
district's plan may provide for the district to contract with any qualified
public or private service provider to provide screening or assessment services
under the plan.
(e) The district
shall work with the department of education to amend the plan and ensure the
plan meets approval, and if the district changes the plan such changes shall be
submitted to the department of education immediately following district board
of education approval.
(4) District policy
The board of education of each district shall adopt a statement
of its policy for the screening and identification of students who are gifted
and shall distribute the policy statement to parents.
(a) The policy statement shall specify:
(i) The criteria and methods the district
uses to screen students and to select students for further assessment who
perform or show potential for performing at remarkably high levels of
accomplishment in each of the gifted areas specified in this rule;
(ii) The sources of assessment data the
district uses to select students for further testing and an explanation for
parents of the multiple assessment instruments required to identify students
who are gifted under section
3324.03 of the Revised
Code;
(iii) An explanation for
parents of the method the district uses to ensure equal access to screening and
further assessment by all district students, including minority or
disadvantaged students, students with disabilities, and English
learners;
(iv) Provisions to ensure
equal opportunity for all district students identified as gifted to receive
services offered by the district;
(v) Provisions for students to withdraw from
gifted programs and services, for reassessment of students, and for assessment
of students transferring into the district;
(vi) A detailed list of the services likely
to be provided to a student, based on the nature of a student's identification,
and of all gifted services that are currently available within the school
district including the criteria for receiving those services (paragraph (D)(7)
of rule 3301-51-15 of the Administrative Code); and
(vii) Methods for resolving disagreements
between parents and the district concerning identification and placement
decisions.
(b) A copy of
the district's policy adopted under this section shall accompany the district's
plan submitted to the department of education under section
3324.04 of the Revised
Code.
(D)
Provision of services
(1) Gifted services
must include instruction that is differentiated from the standard curriculum
for that course in depth, breadth, complexity, pace, and/or where content is
above-grade level.
(2) Services
shall occur during the typical instructional day with flexibility allowed for
the scheduling of district-approved internships or mentorships and higher
education coursework, including credit flexibility.
(3) Instructional time, class size, and
caseload ratios for all service settings shall be equivalent to districtwide
instructional time, class size, and caseload ratios for the corresponding
subject, grade level, and setting under Chapter 3301-35 of the Administrative
Code with exceptions as noted per paragraph (D)(4) of this rule.
(4) A continuum of services provided by each
district board of education, where content is delivered per paragraph (D)(1) of
this rule, may include but is not limited to such options as the following:
(a) A full-time self-contained classroom
where the gifted intervention specialist is the teacher of record and all
students are identified as gifted. A maximum of twenty students at one time is
permitted in this setting. The department of education, office for exceptional
children, shall establish policies and procedures for granting temporary
waivers related to this setting;
(b) A single subject self-contained course
where the gifted intervention specialist is the teacher of record and all
students are identified as gifted;
(c) Services through co-teaching in a cluster
grouping setting where a group of students who are gifted is deliberately
placed together in a classroom where one teacher is a gifted intervention
specialist with a maximum of twenty students who are gifted at any one time and
a maximum caseload of eighty students who are gifted. The teachers shall be
provided with regularly scheduled collaborative planning time. Each student
served in this setting shall be provided instruction for no less than one core
content class period a day or an average of fifteen per cent of the school
week. The department of education, office for exceptional children, shall
establish policies and procedures for granting temporary waivers related to
this setting;
(d) A resource
room/pull-out where the gifted intervention specialist has a maximum of twenty
students who are gifted at any one time and a maximum caseload of eighty
students who are gifted. Each student served in this setting shall be provided
instruction for no less than one core content class period a day or an average
of fifteen per cent of the school week. The department of education, office for
exceptional children, shall establish policies and procedures for granting
temporary waivers related to this setting;
(e) Cluster grouping where a small group of
students who are gifted is deliberately placed together in a classroom. Each
student served in this setting shall be provided instruction for no less than
one core content class period a day or an average of fifteen per cent of the
school week;
(f) An honors
course;
(g) An international
baccalaureate course;
(h) An
advanced placement course;
(i)
Services through a trained arts instructor;
(j) Grade acceleration, early entrance to
kindergarten or first grade, subject acceleration, or early graduation from
high school per district acceleration policy approved under section
3324.10 of the Revised
Code;
(k) Dual enrollment
opportunities including but not limited to college credit plus;
(l) In internships and mentorships;
and/or
(m) Educational options
including credit flexibility, advanced online courses and programs and other
options as defined in rules
3301-35-01
and
3301-35-06
of the Administrative Code.
(5) Services for students shall be consistent
with their area(s) of identification and shall be differentiated to meet their
needs.
(6) The district shall only
indicate to parents or report to the department of education that a student is
receiving gifted education services when services are provided in conformance
with this rule.
(7) Placement
procedures for district services shall be in conformance with the district's
written criteria for determining eligibility for placement in those services.
(a) Written criteria for determining
eligibility for placement in a gifted service shall be provided to any parent,
district educator, or the department of education upon request.
(b) Written criteria provided by the district
shall include an explanation of the methods used to ensure equal access to each
gifted service for all eligible district students, including minority or
disadvantaged students, students with disabilities and English learners. This
written criteria shall not unduly restrict access to services.
(c) Subjective criteria such as grades and
teacher recommendations shall not be used to exclude a student from
service.
(d) All district students
who meet the written criteria for a gifted service shall be provided an equal
opportunity to receive that service.
(8) Personnel shall meet the qualifications
listed in this paragraph and shall provide services that are consistent with
this rule.
(a) A gifted intervention
specialist shall:
(i) Hold licensure or
endorsement in gifted education; and
(ii) Participate in ongoing professional
development related to gifted education as documented on the "Individual
Professional Development Plan" (IPDP) or other methods as determined by the
department.
(b) A general
education teacher who is designated as a provider of gifted services shall:
(i) Receive specialized training in gifted
education in order to meet the
following competencies:
(a) The ability to
differentiate instruction based on a student's readiness, knowledge and skill
level, including using accelerated content, complexity, depth challenge,
creativity and abstractness;
(b)
The ability to select, adapt, or create a variety of differentiated curricula
that incorporate advanced, conceptually challenging, in-depth, distinctive and
complex content;
(c) The ability to
provide an extension or replacement of the general education curricula, to
modify the learning process through strategies such as curriculum compacting,
and to select alternative assignments and projects based on individual student
needs
(d) The ability to understand
the social and emotional needs of students who are gifted and to address the
impact of those needs on student learning;
(e) The ability to recognize and respond to
characteristics and needs of students from traditionally underrepresented
populations who are gifted and create safe and culturally responsive learning
environments;
(f) The ability to
use data from a variety of sources to measure and monitor the growth of
students who are gifted;
(g) The
ability to select, use, and interpret technically sound formal and informal
assessments for the purpose of academic decision making; and
(h) The ability to participate in the
development of the "Written Education Plan."
(ii)
Earn clock hours
of professional development related to gifted education as specified:
(a)
For general
education teachers who do not have certified advanced placement or
international baccalaureate training as outlined in paragraph (D)(8)(b)(ii)(b)
of this rule, at least fifteen clock hours of professional development in
gifted education during each year over four years with additional clock hours
each year thereafter as determined by the district. Professional development
must address the competencies listed in paragraphs (D)(8)(b)(i)(a) to
(D)(8)(b)(i)(h) of this rule. During the first year of training, the teacher is
considered a gifted service provider unless that teacher fails to meet the
fifteen clock hours of gifted professional development by the end of the school
year. The teacher remains a gifted service provider by meeting the minimum
clock hours in each subsequent year.
(b)
For general
education teachers who are certified advanced placement or international
baccalaureate teachers who have earned at least twenty-four hours of certified
advanced placement or international baccalaureate training within the past five
years, at least seven and one-half clock hours of professional development in
gifted education during each year over four years with additional clock hours
each year thereafter as determined by the district. Professional development
must address the competencies listed in paragraphs (D)(8)(b)(i)(a),
(D)(8)(b)(i)(a)(b), (D)(8)(b)(i)(a)(d), (D)(8)(b)(i)(a)(e), and
(D)(8)(b)(i)(a)(h) of this rule. During the first year of training, the teacher
is considered a gifted service provider unless that teacher fails to meet the
seven and one-half clock hours of gifted professional development by the end of
the school year. The teacher remains a gifted service provider by meeting the
minimum clock hours in each subsequent year.
(c)
For general
education teachers who are designated providers of gifted education services,
any clock hours earned in excess of the minimum in a particular year per
paragraphs (D)(8)(b)(ii)(a) and (D)(8)(b)(ii)(b) of this rule may be counted
toward the requirement in any subsequent year.
(d)
For general
education teachers who are designated providers of gifted education services as
of or after July 1, 2017, count any documented clock hours of qualifying
professional development in gifted education earned in the preceding
twenty-four months prior to the designation toward this
requirement.
(iii)
Participate in ongoing professional development related
to gifted education as specified in paragraphs (D)(8)(b)(ii)(a) and
(D)(8)(b)(ii)(b) of this rule from an educator who holds licensure or
endorsement in gifted education, a graduate degree in gifted education, or is a
state or national presenter in gifted education;
(iv)
Document ongoing
professional development and specialized training in gifted education on the
"Individual Professional Development Plan" (IPDP), or by other methods as
determined by the department and monitored by the district; and
(v)
Receive ongoing support in curriculum development and instruction from an
educator who holds licensure or endorsement in gifted
education.
(c) A
Coordinator of gifted education services shall:
(i) Demonstrate evidence of at least three
years successful teaching experience;
(ii) Hold Ohio administrative specialist
license, if the coordinator is to supervise teachers;
(iii) Hold licensure or endorsement in gifted
education; and
(iv) Participate in
ongoing professional development related to gifted education as documented on
the "Individual Professional Development Plan" (IPDP) or other methods as
determined by the department.
(9) Coordinators of gifted education shall
provide the following services for school districts:
(a) Assist in the identification of students
who are gifted;
(b) Assist in the
placement of students who are gifted in appropriate educational services and
settings;
(c) Assist school
personnel in the design of gifted education services;
(d) Consult with school personnel regarding
gifted education issues in district strategic planning processes and the
development of school improvement plans;
(e) Assist school personnel in the on-going
evaluation of the effectiveness of gifted education services, including input
from parents of students who are gifted;
(f) Consult with school personnel about ways
to develop and adapt curriculum, materials, and teaching strategies;
and
(g) Assist school personnel in
ensuring that documents required in this rule regarding gifted identification
procedures and written criteria for placement in gifted services are accurate
and accessible to parents and other stakeholders.
(10) All personnel providing gifted services
shall be provided with appropriate space and sufficient time for designing
their work, evaluating student progress, conferencing, and planning.
(11) Gifted coordinators, gifted intervention
specialists, and all general educators providing gifted services are
accountable through the Ohio educator evaluation system.
(E) Written education plan (WEP)
Gifted services shall be guided by a WEP. The district shall
provide parents with periodic reports regarding the student's progress toward
meeting goals and the effectiveness of the services provided in accordance with
the WEP.
(1) The WEP shall be
developed in collaboration with an educator who holds licensure or endorsement
in gifted education. The WEP shall:
(a)
Provide a description of the services to be provided including:
(i) Goals for the student in each service
specified including, but not limited to, measurable academic goals. Goals may
also include curricular, guidance and instructional practices which support the
student's social and emotional needs;
(ii) Methods and performance measurements for
evaluating progress toward achieving the goals specified;
(iii) Methods and schedule for reporting
progress to students and parents;
(iv) Staff members responsible for ensuring
that specified services are delivered;
(v) Policies regarding the waiver of
assignments and the scheduling of tests missed while participating in any
gifted services provided outside the general education classroom; and
(vi) Include a date by which the WEP will be
annually reviewed for possible revision.
(b) Parents, the collaborating educator, and
all educators responsible for providing gifted education services to the
student, including teachers providing differentiated instruction in general
education settings, shall be provided a copy of the WEP.
(c) Districts shall make a reasonable attempt
in writing, electronic or otherwise, at the commencement of services and each
year thereafter in which a student receives gifted services, to obtain a parent
or guardian signature on the WEP. Students shall not be denied services due to
the lack of a parent or guardian signature.
(2) For each student identified as gifted who
is not provided gifted services per this rule, districts shall develop and
disseminate to parents or guardians a no services letter which clearly
communicates that the student is not receiving gifted services. The letter may
include a list of enrichment opportunities provided to the student by the
district.
(F) Funding
(1) Districts shall report the amount of
funds spent on gifted education using guidelines prescribed by the department
of education.
(2) The department,
no later than October thirtieth each year, shall publish on its website
district expenditures for gifted education.
(3) In an allocation process determined by
the department, where educational service centers receive gifted unit funding,
units must be allocated with appropriately licensed and qualified gifted staff
as follows:
(a) Gifted coordinators must have
gifted licensure and, if assigned to supervise staff, must have administrative
licensure;
(b) Gifted intervention
specialists must have gifted licensure; and
(c) Units for gifted intervention specialists
may be allocated where qualified gifted coordinator services are
available.
(G)
Accountability
(1) Each year districts shall
submit data to the department of education specifying:
(a) The number of students in each of grades
kindergarten through twelve screened, the number assessed, and the number
identified as gifted in each category specified in section
3324.03 of the Revised
Code.
(b) The number of students
receiving gifted services in conformance with this rule.
(2) Each district shall participate in an
audit based on risk assessment criteria as determined by the department.
Districts may be selected for audit more frequently based on complaints or
suspicion of non-compliance. Audits will be differentiated and may include
onsite reviews, desk reviews and/or self-reviews of gifted education data,
policies, practices and procedures. Results of the audit may require corrective
action and/or the implementation of a district improvement plan.
(a) Districts shall be provided an
opportunity to validate the data used for the audit and to respond to the audit
findings.
(b) The department of
education shall provide technical assistance to any district found in
noncompliance with this rule.
(3) The department of education may reduce
funds received by the district under Chapter 3317. of the Revised Code by any
amount if the district board of education continues to be
noncompliant.
(H)
Innovative gifted service proposals
The department shall establish a process and criteria for
submission and review of proposals related to the innovative design and
delivery of services for students who are gifted. Innovative gifted service
proposals may be approved for not more than 5 years of implementation.
(I) Gifted advisory council
The superintendent of public instruction shall establish a
gifted advisory council. The council shall:
(1) Represent a variety of stakeholders from
diverse regions of the state, including parents, general and gifted educators,
administrators, and others as determined by the superintendent;
(2) Assist in the development and updating of
a department-approved plan for gifted education in Ohio;
(3) Advise on policy
recommendations;
(4) Serve as
advisors in establishing criteria for review of proposals to implement
innovative gifted services; and
(5)
Establish criteria for identifying and recognizing schools, districts, and
other educational providers that demonstrate an exemplary ability to serve
students who are gifted.