1 Colo. Code Regs. § 301-8-12.00

Current through Register Vol. 47, No. 22, November 25, 2024

Section 1 CCR 301-8-12.00 - GIFTED AND TALENTED STUDENT PROGRAMMING

Administrative units shall implement gifted education student programs providing programming options and services for gifted children for at least the number of days calendared for the school year by each school district.

12.01Definitions.

12.01(1)"Administrative Unit" or "AU" means a school district, a board of cooperative services, a charter school network, a charter school collaborative, or the state Charter School Institute that: oversees and/or provides educational services to exceptional children; is responsible for the local administration of Article 20 of Title 22, C.R.S.; and meets the criteria established in Section 3.01 of these Rules (see Rule 2.02 of these Rules).

12.01(2)"Advanced Learning Plan" or "ALP" means a written record of a gifted student's strengths, academic and affective learning goals and the resulting programming utilized with each gifted child and considered in educational planning and decision making.

12.01(3)"Affective Development" means social and emotional programming intended to:

12.01(3)(a) assist gifted students in understanding themselves as gifted learners, and the implications of their abilities, talents, and potential for accomplishment (intrapersonal skills); and

12.01(3)(b) assist gifted students in developing and/or refining interpersonal skills.

12.01(4)"Annual Plan" means an AU's comprehensive educational plan and annual proposed budget form that the AU submits to the Department pursuant to State Board rules.

12.01(5)"Aptitude" means abilities or behaviors that can be monitored, evaluated, or observed to determine potential or a level of performance in problem solving, reasoning, and other cognitive functions (e.g., memory, synthesis, creativity, speed in problem solving). Aptitude or general ability assessments predict potential in an area of giftedness and/or academic school success.

12.01(6)"Aptitude Test" means an ability test to determine potential or level of performance in problem solving, reasoning and other cognitive functions. Aptitude or ability tests predict potential in an area of giftedness and/or future academic school success.

12.01(7)"Articulation", for purposes of this Rule 12.00 , means the communication that occurs as students move or transition through the school system, grade by grade and school level to school level.

12.01(8)"Assessment" means methods, tools, and data collected as a body of evidence for use in the following gifted education processes:

12.01(8)(a) Identification and programming;

12.01(8)(b) Monitoring the gifted child's performance and outcomes; and

12.01(8)(c) Program evaluation.

12.01(9)"Board of Cooperative Services" means a regional educational services unit created pursuant to Article 5 of Title 22, C.R.S., and designed to provide supporting, instructional, administrative, facility, community, or any other services contracted by participating members.

12.01(10)"Competence" means documented performance, achievement, or test scores on standardized or locally normed test results. Screening procedures consider competence in the context of a defined range of student performance, as described herein, for purposes of recognizing gifted potential or identifying a talent pool for developing giftedness.

12.01(11)"Commensurate Growth" means the academic and affective progress that can be measured and should be expected of a gifted student given the student's level of achievement, learning needs, and abilities matched with the appropriate instructional level."

12.01(12)"Early Access" means early entrance to kindergarten at age 4 or early entrance to first grade at age 5 for highly advanced gifted children who are placed in a grade level above other same aged peers based upon the following conditions:

12.01(12)(a) the student is formally identified as gifted as specified in 12.01(16); and

12.01(12)(b) the student meets requirements for accelerated placement as determined in an auditable body of evidence (e.g., achievement, ability, social-emotional factors, school learning skills, developmental characteristics, and family and school support).

12.01(13)"Early Childhood Special Educational Services" means those instructional strategies, curriculum, affective and programming options that nurture and develop exceptional abilities or potential for gifted students, including but not limited to an early entrance strategy or advanced level pre-school interventions.

12.01(14)"Engagement" means the collaboration of families, schools, and communities as active partners in improving learner, classroom, school, district, and state outcomes.

12.01(15)"Evaluation" means evaluation procedures, methods, and tools used to initially identify a gifted child, assess and monitor the child's progress, and evaluate the child and the gifted program. Evaluation includes, but need not be limited to:

12.01(15)(a) Identifying the child's unique strengths, interests, and needs;

12.01(15)(b) Monitoring the child's academic achievement and growth and affective goals;

12.01(15)(c) Identifying the priorities and concerns of the child's family and resources to which the family and the child's school have access; and

12.01(15)(d) Determining program strengths and areas for program improvement.

12.01(16)"Gifted Children" means those persons between the ages of four and twenty-one whose aptitude or competence in abilities, talents, and potential for accomplishment in one or more domains are so exceptional or developmentally advanced that they require special provisions to meet their educational programming needs. Gifted children are hereafter referred to as gifted students. Children under five who are gifted may also be provided with early childhood special educational services. Gifted students include gifted students with disabilities (i.e. twice exceptional) and students with exceptional abilities or potential from all socio-economic, ethnic, and cultural populations. Gifted students are capable of high performance, exceptional production, or exceptional learning behavior by virtue of any or a combination of these areas of giftedness:

12.01(16)(a) General or Specific Intellectual Ability

12.01(16)(a)(i) Definition

Intellectual ability is exceptional capability or potential recognized through cognitive processes (e.g., memory, reasoning, rate of learning, spatial reasoning, ability to find and solve problems, ability to manipulate abstract ideas and make connections, etc.).

12.01(16)(a)(ii) Criteria

Intellectual ability is demonstrated by advanced level on performance assessments or ninety-fifth percentile and above on standardized cognitive tests.

12.01(16)(b) Specific Academic Aptitude

12.01(16)(b)(i) Definition

Specific academic aptitude is exceptional capability or potential in an academic content area(s) (e.g., a strong knowledge base or the ability to ask insightful, pertinent questions within the discipline, etc.).

12.01(16)(b)(ii) Criteria

Specific academic aptitude is demonstrated by advanced level on performance assessments or ninety-fifth percentile and above on standardized achievement tests.

12.01(16)(c) Creative or Productive Thinking

12.01(16)(c)(i) Definition

Creative or productive thinking is exceptional capability or potential in mental processes (e.g., critical thinking, creative problem solving, humor, independent/original thinking, and/or products, etc.).

12.01(16)(c)(ii) Criteria

Creative or productive thinking is demonstrated by advanced level on performance assessments or ninety-fifth percentile and above on standardized tests of creative/critical skills or creativity/critical thinking.

12.01(16)(d) Leadership Abilities

12.01(16)(d)(i) Definition

Leadership is the exceptional capability or potential to influence and empower people (e.g., social perceptiveness, visionary ability, communication skills, problem solving, inter and intra-personal skills and a sense of responsibility, etc.).

12.01(16)(d)(ii) Criteria

Leadership is demonstrated by advanced level on performance assessments or ninety-fifth percentile and above on standardized leadership tests.

12.01(16)(e) Visual Arts, Performing Arts, Musical, Dance, or Psychomotor Abilities

12.01(16)(e)(i) Definition

Visual arts, performing arts, musical, dance or psychomotor abilities are exceptional capabilities or potential in talent areas (e.g., art, drama, music, dance, body awareness, coordination and physical skills, etc.).

12.01(16)(e)(ii) Criteria

Visual arts, performing arts, musical, dance or psychomotor abilities are demonstrated by advanced level on performance talent-assessments or ninety-fifth percentile and above on standardized talent-tests.

12.01(17)"Gifted Education Services" or "Gifted Education Programs" means the services, delivery model and programs provided to gifted students pursuant to these Rules. "Gifted education services" and "gifted education programs" include, but need not be limited to, strategies, programming options, and interventions reflecting evidence-based practices, such as acceleration, concurrent enrollment, differentiated instruction, and affective guidance.

12.01(18)"Highly Advanced Gifted Child" means a gifted child whose body of evidence demonstrates a profile of exceptional ability or potential compared to same-age gifted children. To meet the needs of highly advanced development, early access to educational services may be considered as a special provision. For purposes of early access into kindergarten or first grade, the highly advanced gifted child exhibits exceptional ability and potential for accomplishment in cognitive process and academic areas.

12.01(19)"Parent" for purposes of this Rule 12 means the natural or adoptive parent, or legal guardian, unless the gifted student is also a child with a disability in which case parent shall be defined consistent with federal special education law.

12.01(20)"Performance Assessment" means systematic observation of a student's performance, examples of products, tasks, or behaviors based upon established criteria, scoring rubric or rating scale for juried performance.

12.01(21)"Portability" means that a student's state-approved identification in one or more categories of giftedness transfers to any district in the state. Gifted programming must continue according to the receiving district's programming options. Portability of identification is a part of the student's permanent record and advanced learning plan.

12.01(22)"Pre-Collegiate" means a variety of programs to help students plan for college, identify scholarship opportunities, and provide assistance with the application process for selected post-secondary options. Programs may be offered through middle and high schools, colleges and universities or community organizations and businesses.

12.01(23)"Pre-Advanced Placement" means a variety of programs and strategies that prepare students to take advanced placement courses beginning in the early grades, through middle school and high school. "Advanced Placement" means college-level courses and/or exams offered and certified through the College Board.

12.01(24)"Program Elements" means components of a comprehensive program plan, which include, but need not be limited to, definition, communication, identification, programming, personnel, accountability, reporting, record keeping, and resolution of disagreements.

12.01(25)"Program Plan" means a comprehensive and complete narrative of program elements, including, but need not be limited to:

12.01(25)(a) Procedures and criteria the AU will use for identification;

12.01(25)(b) Programming options for each category of giftedness that the AU will implement in the gifted program; and

12.01(25)(c) Actions and tools for the academic achievement of gifted children, and for evaluating the gifted program, which actions and tools are aligned with state accountability and program evaluations.

12.01(26)"Qualified Personnel" or "Qualified Person" means a licensed, content endorsed educator who also has an endorsement or higher degree in gifted education; or who is working toward an endorsement or higher degree in gifted education.

12.01(27)"Screening" means an assessment method that uses a tool(s) to determine if the resulting data provides evidence of exceptional potential in an area of giftedness. Screening tools may be qualitative or quantitative in nature, standardized and/or normative. Screening data are one component in a body of evidence for making identification and instructional decisions.

12.01(28)"Special Educational Services" or "Special Educational Programs" means the services or programs provided to exceptional children including children with disabilities and gifted students.

12.01(29)"Special Provisions" means the programming options, strategies and services necessary to implement the gifted student's ALP.

12.01(30)"Twice Exceptional" means a student who is:

12.01(30)(a) Identified as a gifted student pursuant to Section 12.01(9) of these Rules; and

12.01(30)(b)(1) Identified as a child with a disability pursuant to Section 4.02 of these Rules; or

12.01(30)(b)(2) A qualified individual pursuant to Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.A. § 794.

12.01(31)"Universal Screening" , for purposes of Section 22-20-202, C.R.S., means the systematic assessment of all students within a grade level of an AU or district for identifying students with exceptional ability or potential, especially students from traditionally underrepresented populations; and/or screening in conjunction with creation of each student's individual career and academic plan (ICAP).

12.02Administrative Unit Gifted Education Program Plan

12.02(1)Annual Plan

Administrative units shall submit to the Department an annual plan that is a gifted education UIP addendum. In multi-district AUs or BOCES, member districts submit the UIP addendum. Multi-district AUs and BOCES submit a summary for improving gifted student performance that includes annual assurances and a proposed budget for the forthcoming fiscal year. For charter networks and charter school collaboratives, the UIP addendum shall be submitted with each participating school's UIP.

The annual plan shall be integrated with a district's accountability UIP timelines, or no later than April 15. The UIP gifted education addendum, as the annual plan, shall include an action plan to meet designated targets. An AU shall submit an annual plan before receiving AU gifted education funds. Exception to this annual plan is for small rural districts that function on a bi-annual unified improvement plan submission. (C.R.S. 22-11-303(4)(b))

12.02(2)Comprehensive Plan

Administrative units shall submit to the Department a comprehensive gifted education program plan on a multiple-year cycle as declared by the Department, such cycle to be no longer than 5 years. The program plan shall be implemented by all constituent schools and districts of the AU. The filing of the program plan shall include a proposed program plan budget. Plans shall be filed by April 15 of the fiscal year prior to the funding year. The Department will review all program plans for completeness. An AU's program plan shall be deemed complete if it addresses all elements specified in Section 12.02 through 12.02 of these Rules. A program plan for the education of gifted students submitted to the Department for funding purposes and program description shall contain the following elements:

12.02(2)(a)Procedures for Parent, Family, and Student Engagement and Communication

12.02(2)(a)(i) The program plan shall describe how the AU implements parent, family, and student engagement and communication with regard to gifted education programs that include, but are not limited to: how parents are informed about access to identification procedures; ways to educate parents and families about giftedness or parenting gifted students; information about involvement and progress reporting; what programming options are available to match student strengths and challenges; information about concurrent enrollment; how to be involved in college and career planning; primary languages in the AU, and ways parents and families may participate in the school community.

12.02(2)(a)(ii) In multi-district AUs and BOCES, methods of engagement and communication may vary based upon individual district procedures, but each district must have a plan for parent, family, and student communication and engagement.

12.02(2)(b)Definition of "Gifted Student"

The program plan shall include a written definition that is the same as or substantially similar to the definition of "gifted student" specified in section 12.01 of these Rules. This definition shall serve as the basis for the implementation of all other program plan elements described below.

12.02(2)(c)Identification Procedures

The program plan shall describe the assessment process used by the AU for identifying students who meet the definition specified in section 12.01 and for identifying the educational needs of gifted students. The assessment process shall recognize a student's exceptional abilities or potential, interests, and needs in order to guide student instruction and individualized planning and programming. In traditionally under-represented student groups and visual/music/performing arts student groups or talent pools, identification may require the collection of student information over time, using additional data points from a response to intervention approach, or additional assessment. The AU identification procedures shall include, but need not be limited to:

12.02(2)(c)(i) A method(s) to ensure equal and equitable access for all students. The program plan shall describe the efforts that the AU will make to identify gifted students from all populations, including preschool (if applicable) through twelfth grade students, minority students, economically diverse students, culturally diverse students, students with limited English proficiency and children with disabilities;

12.02(2)(c)(ii) Referral procedures that seek referrals from a variety of sources, and screening procedures used for conducting identification assessment. Every AU is strongly encouraged to include optional universal screening in identification procedures;

12.02(2)(c)(iii) A time line of no more than 30 school days after a referral to determine whether a student will continue with formal identification assessment, or will receive talent pool designation;

12.02(2)(c)(iv) Implementation of assessments that align with the purpose of identifying exceptionality in the categories of giftedness, and in traditionally underrepresented populations. The AU may choose local assessment tools from the Department's chart of common and varied assessment tools used in identification;

12.02(2)(c)(v) Collection of data for a body of evidence that includes, but is not limited to: assessment results from multiple sources and multiple types of data (i.e. qualitative and quantitative data about achievement, cognitive ability, performance, parent and teacher input, motivation and observations of gifted characteristics/behaviors). The body of evidence contains data to identify the strength area defined in the definition of gifted children and determine appropriate programming services. These same categories are used in data collection and for developing the ALP;

12.02(2)(c)(vi) A review team procedure; and that includes at least one person trained or endorsed in gifted identification and programming;

12.02(2)(c)(vii) A review team procedure for determining identification or a talent pool designation from a body of evidence and for developing individualized ALPs for identified students. When only cognitive ability assessment data meets criteria in a body of evidence, the review team may determine that the student is identified with general or specific intellectual ability. This identification meets the condition of portability;

12.02(2)(c)(viii) A determination letter for parents and school files describing the decision of the review team, and area(s) of giftedness if the student is found to have exceptional abilities; and

12.02(2)(c)(ix) A communication procedure by which parents are made aware of the identification assessment process for their student, understand the results of the determination, and engage in the development and review of the student's ALP.

12.02(2)(d)Criteria for Determining Exceptional Ability (Giftedness) or Talent Pool

12.02(2)(d)(i) For each category of giftedness defined in 12.01(16), criteria for exceptional ability means: 95 percentile or above on a standardized nationally normed test or observation tool, or a rating on a performance assessment that indicates exceptionality/distinguished compared to age mates.

12.02(2)(d)(ii) Not meeting criteria on a single assessment tool shall not prevent further data collection or consideration for identification, if other indicators suggest exceptional potential as observed in a body of evidence.

12.02(2)(d)(iii) Criteria for screening assessments is a score range less than the 95 percentile ranking or results on observation/performance assessment tools as determined by the AU to determine referrals, further data collection and observation, and/or formation of student talent pools.

12.02(2)(e)Identification Portability

Identification portability shall be based upon AU implementation of statewide identification procedures required in Section 12.02 and use of criteria set for exceptionality in Section 12.02 and determination of a student's identification in one or more of the categories of giftedness as described in the state definition of gifted children in Section 12.01. Administrative units shall implement procedures for statewide portability of identification that include, but may not be limited to:

12.02(2)(e)(i) A requirement that the sending school/district transfer the body of evidence for identification and the ALP with student records when the student moves from one district to another;

12.02(2)(e)(ii) Review of the transferred student's ALP within 45 school days of start date to determine programming options and services that serve the identified area(s) according to the district and community resources of the receiving district;

12.02(2)(e)(iii) If the receiving district finds the body of evidence to be incomplete, the receiving district shall consult with, as practical, the former district, parents, and student and re-evaluate the identification determination; and

12.02(2)(e)(iv) Communication to parents within 60 school days of start date about how the new district will meet the needs outlined in the student's ALP.

12.02(2)(f)Advanced Learning Plan Content

The AU shall develop an ALP for every gifted student according to the student's determined area(s) of giftedness, interests, and instructional and affective needs. The ALP shall be considered in educational planning toward post-secondary readiness outcomes and decision-making concerning subsequent programming for that student and be used in the articulation/transition process, preschool (if applicable) through grade 12. At the high school level ALPs may blend with the student's individualized career and academic plan (ICAP) if all content of the ALP are inclusive in the ICAP which includes achievement and affective goals. The ALP content shall include, but not be limited to:

12.02(2)(f)(i) A student profile described in a body of evidence. This profile shall be subject to the AU's student records confidentiality guidelines. The local AU determines periodic updates of the student profile, especially in terms of interests, and/or demonstration of previously unidentified strengths;

12.02(2)(f)(ii) A working-document section of the ALP. This portion of the ALP records annual measurable, attainable achievement and affective goals and progress. Achievement goals are standards-based statements in strength area(s). Additional achievement goals may be needed to address documented achievement gaps or career interest. Affective goals reflect development of personal, social, communication, leadership, and/or cultural competency;

12.02(2)(f)(iii) Description or delineation of supplemental curriculum, activities, specific programs or coursework, specific strategies, and/or extended or expanded learning opportunities available in the AU that match a student's strength area(s) and support the goals;

12.02(2)(f)(iv) Progress reports that align with the AU's or member district's schedule for parent-reporting and/or conferences about student progress. Adjustments to goals and programming options may occur during any progress reporting period; and

12.02(2)(f)(v) Personnel involved in ALP development, and in progress report meetings or conferences, including, but not limited to classroom teacher(s), student, parents, gifted education staff or staff with training in gifted education identification and programming, and support staff as appropriate.

12.02(2)(g)ALP Procedures and Responsibilities

The AU shall have procedures for developing ALPs that include, but need not be limited to:

12.02(2)(g)(i) Notification of ALP development and times in the school year when parents, teachers and the student talk about student academic and affective goal progress;

12.02(2)(g)(ii) Personnel assigned with the responsibility for development and monitoring. At minimum the student's parents and classroom teachers should be familiar with and support ALP goals, and/or write ALP measurable goals according to local procedures. Gifted education resource personnel may assist in the writing of goals, but may not be the sole custodian of the ALP. Goals are written and aligned with classroom tiered instruction and expanded learning opportunities for supplemental or intensive programming;

12.02(2)(g)(iii) A method to develop student awareness and active participation in the ALP process;

12.02(2)(g)(iv) A process for management of ALPs within the cumulative file system including a procedure for transferring ALPs between grade levels, school levels, and districts. It is highly encouraged that ALPs are written by those working with the gifted student and that the ALP is an ongoing plan for coursework, tiered instruction, and increasing performance in the student's area of strength. ALP goals should be written or reviewed for current relevancy to teachers and students at the beginning of the school year;

12.02(2)(g)(v) An ALP progress reporting timeline. The review of progress integrates with ongoing conference or reporting periods of the district. It is highly encouraged that ALPs be student-led at the secondary level; and

12.02(2)(g)(vi) A system to show evidence of parent engagement and input in ALP development and in the review of progress. Evidence may include, but is not limited to: signature, electronic signature or checkbox of involvement, checklist, or other assurance supporting the student's growth. If after 3 documented attempts to contact the parents for signature, no parental signature is obtained, school personnel shall continue with ALP implementation and continue to engage parents in the process.

12.02(2)(h)Programming

12.02(2)(h)(i) The program plan shall describe the programming components, options, and strategies that will be implemented by the AU and schools to appropriately address the educational needs of gifted students. Programming shall match the academic strengths and interests of the gifted student. Other educational or affective needs shall be addressed according to the individual student's profile. Programming components, options, and strategies shall include, but need not be limited to:

12.02(2)(h)(i)(A) Alignment of the gifted student's assessment data and ALP goals to programming options in the areas of giftedness;

12.02(2)(h)(i)(B) Structures or type of delivery by which gifted students are served at the different school levels (e.g., the general classroom, resource location, small instructional group, and/or pullout for direct and extended instruction aligned to strength area);

12.02(2)(h)(i)(C) Support in differentiated instruction and methods (e.g., acceleration, cluster grouping and higher order thinking skills);

12.02(2)(h)(i)(D) Affective and guidance support systems (e.g., social skills training, early college and career planning);

12.02(2)(h)(i)(E) Diverse content options provided for gifted students in their areas of strength (e.g., mentorship, Socratic seminars, advanced math, honors courses);

12.02(2)(h)(i)(F) The means by which articulation for preschool (if applicable) through grade 12 is planned and implemented;

12.02(2)(h)(i)(G) Pre-collegiate and/or pre-advanced placement support;

12.02(2)(h)(i)(H) ALP development and reviews conducted through the collaborative efforts of the teacher(s), other school personnel (as needed), parents and the student (as appropriate); and

12.02(2)(h)(i)(I) Post-secondary options available to gifted students.

12.02(2)(h)(i)(J) Concurrent enrollment opportunities, if indicated by a gifted child's ALP or ICAP. To be considered in an ALP, the AU shall consider the student's need for appropriate concurrent enrollment, available options, funding, and requirement for administrative approval.

12.02(2)(h)(ii) Students identified with exceptional ability require provisions to develop the areas of strength over time. When underachievement and/or motivational issues are observed behaviors in a gifted student, the ALP team, child study team, or review team shall problem solve in collaboration with the family, the student, and appropriate staff.

12.02(2)(i)Evaluation and Accountability Procedures

The comprehensive program plan shall describe the AU's procedures for evaluation and accountability including, but not limited to:

12.02(2)(i)(i) Unified improvement plan addendum methods by which gifted student performance is monitored and measured for continual learning progress and how such methods align with the state accreditation process (e.g., annual UIP gifted education addendum, multi-district/BOCES summary, intervention progress monitoring data sources, ALP goals, and performance, district, and/or state assessment data). These methods include UIP elements such as annual gifted student performance target(s) and an action plan to meet the target(s) and a timeline to report on progress toward targets;

12.02(2)(i)(ii) Methods by which student affective growth is monitored and measured for continual development (e.g., rubrics for personal journals and anecdotal data, student surveys, demonstration of self-advocacy, and student career and/or college plans);

12.02(2)(i)(iii) Methods for ensuring that gifted student performance (achievement and growth) and reporting are consistent with state accreditation and accountability requirements (i.e., disaggregation of state assessment data for gifted students, identification of discrepancies in the data, goal setting and demonstration of achievement and growth); and

12.02(2)(i)(iv) Methods for self-evaluation of the gifted program including a schedule for periodic feedback and review (e.g., review of gifted policy, goals, identification process, programming components, personnel, budget and reporting practices, and the impact of gifted programming on student achievement and progress); and

12.02(2)(i)(v) Methods by which parents, educators, and other required persons are informed about the methods described in 12.02(2)(i)(i-iv) above.

12.02(2)(j)Personnel

12.02(2)(j)(i) The program plan shall describe the personnel who provide instruction, counseling, coordination and other programming for gifted students. Personnel shall be knowledgeable in the characteristics, differentiated instructional methods and competencies in the special education of gifted students. Qualified personnel with endorsement or an advanced degree in gifted education are preferred in specific programs and classrooms consisting of mainly gifted students. Beginning with the 2010-2011 school year, every AU shall employ or contract with a person who is responsible for:

12.02(2)(j)(i)(A) Management of the program plan; and

12.02(2)(j)(i)(B) Professional development activities, the purposes of which are:

12.02(2)(j)(i)(B)(I) To improve and enhance the skills, knowledge and expertise of teachers and other personnel who provide instruction and other supportive services to gifted students; and

12.02(2)(j)(i)(B)(II) To increase, to the extent practicable, the number of qualified personnel providing instruction to gifted students.

12.02(2)(j)(ii) The AU shall make good faith effort to hire and retain on at least a half-time basis one qualified person to administer and monitor the implementation of the AU's gifted program.

12.02(2)(j)(iii) Administrative units should consider employing sufficient personnel for ALP writing and monitoring, and differentiated instruction for gifted students.

12.02(2)(j)(iv) Administrative units should collaborate with universities and colleges for the development of qualified personnel.

12.02(2)(j)(v) Personnel responsible for the instruction and learning of gifted students in core academic areas must meet the teacher qualification requirements under federal law.

12.02(2)(j)(vi) Paraprofessionals may serve in supportive roles, but may not be the sole instructional provider, nor may such paraprofessionals be funded using state gifted education funds.

12.02(2)(j)(vii) The program plan shall also indicate the content of and means by which the AU supports the acquisition and/or improvement of the knowledge and competencies of personnel through appropriate professional development relating to the instruction, programming and counseling for gifted students. (e.g., induction and in-service programs, job-embedded training and coaching, gifted education workshops or institutes and college coursework). Key topics should include, but need not be limited to, gifted characteristics and myths, differentiated instruction, affective needs, counseling, content instructional options and advanced curricular strategies (e.g., higher order thinking strategies).

12.02(2)(k)Budget

12.02(2)(k)(i) The AU shall include in the annual plan a budget for gifted education which reflects the collaborative efforts of the AU and cost of implementing the program elements and the student goals stated in the annual comprehensive program plan. The budget shall detail the funding committed by the AU and funding requested from the Department. Funding committed by the AU shall be an amount determined by the AU to contribute towards the AU's gifted student education program described in the AU's program plan. Funds requested from the Department may be used for:

12.02(2)(k)(i)(A) Salaries for appropriately licensed and endorsed personnel primarily serving gifted students (e.g., gifted education directors, coordinators, resource teachers, counselors and teachers of gifted classrooms);

12.02(2)(k)(i)(B) Professional development and training relating to gifted education;

12.02(2)(k)(i)(C) Programming options and school counseling or affective guidance specific to gifted students and their ALPs;

12.02(2)(k)(i)(D) Materials used in instructional programming for gifted education; and

12.02(2)(k)(i)(E) Administrative costs (classified or grant fiscal staff), technology, and equipment necessary for the education of gifted students up to ten percent for any one of these limited expenditures, and, not to collectively exceed twenty percent of the total amount requested from the Department.

12.02(2)(k)(ii) Administrative units may contract with other AUs to establish and maintain gifted student programs (e.g., art, music, online coursework, and counseling) for the education of gifted children, sharing costs of student programing in accordance with terms of a contract. This action is optional based upon available AU resources, and subject to AU discretion. An AU with less than six children who need a particular program may purchase services from one or more AUs that provide the appropriate gifted education program for individual or groups of gifted students. Gifted education personnel in these AUs shall collaborate on the content and monitoring of such contracts.

12.02(2)(l)Early Access

If early access is permitted in the AU, an AU shall include in its program plan provisions to identify and serve highly advanced gifted children pursuant to Section 12.08 of these Rules. Constituent schools or districts within the AU shall abide by the requirements established in the program plan.

12.03Reports

Administrative units shall submit to the Department an end-of-year report for the prior fiscal year, including:

12.03(1) A detailed report of financial income and expenditures;

12.03(2) The number of formally identified gifted students served through gifted student programming reported by:

12.03(2)(a) Each grade level, preschool (if applicable) through grade 12;

12.03(2)(b) Gender and ethnicity;

12.03(2)(c) Free and reduced lunch;

12.03(2)(d) Area(s) of giftedness;

12.03(2)(e) Twice exceptionality; and

12.03(2)(f) Gifted preschoolers served through early entrance per local policies and procedures, if applicable;

12.03(3) The percent of students in the AU who have been identified as gifted and talented through a formal identification procedure;

12.03(4) Qualified personnel by school level, district resource personnel and central administration;

12.03(5) The types of programming strategies utilized most commonly at each school level to address the needs of gifted students reported by:

12.03(5)(a) Programming options for each area of giftedness as specified in 12.01(16) of these Rules;

12.03(5)(b) Methods of articulation through the grades; and

12.03(5)(c) Methods and tools used in accountability to monitor gifted student achievement and commensurate growth related to the implementation of the programming components; and

12.03(6) Administrative units and their member districts, if any, shall comply with the requirements of accreditation, pursuant to Article 11 of Title 22, C.R.S., with regard to gifted student achievement, identification of disparities in the data, instructional goals, growth and reporting.

12.04Audits

All programs receiving funding under the provisions of the Exceptional Children's Educational Act are subject to monitoring by the Department as is more fully described in Section 12.07 of these Rules.

12.05Record Keeping

Administrative units shall have the following record keeping and reporting responsibilities:

12.05(1)Financial Records

Financial records shall be kept in accordance with generally accepted principles of governmental accounting. Recommended accounting principles are listed in the Financial Policies and Procedures Handbook.

12.05(2)Inventory

An inventory shall be maintained of all equipment for which funding was received. These records shall be maintained throughout the useful life of the equipment.

12.05(3)Student Education Records

The ALP documents shall be part of the student's cumulative education record.

12.05(4)Confidentiality of Student Education Records

Individually identifiable records of students referred, assessed, evaluated, and/or served through programming for gifted and talented students in any AU shall be held to be confidential and protected in accordance with applicable federal and state laws and regulations. Student records that are collected and/or stored electronically shall be held to current state law and FERPA regulations governing the protection of personally identifiable information and the privacy interests of students.

12.05(5)Maintenance and Destruction of Student Education Records

Gifted student education records and ALPs shall be maintained, retained and destroyed consistent with the ongoing system of student record keeping established in the AU, including its member districts or the Charter School Institute for student records, preschool (if applicable) through grade 12.

12.06Procedures for Disagreements

The program plan shall describe procedures for resolving disagreements with parents/guardians, or students in regard to identification, programming, and ALPs. The procedures for resolving disagreements shall include, but need not be limited to: a method for the aggrieved individual to express issues and concerns; a means to discuss disagreements in a timely manner with personnel designated by the district with authority to resolve the disagreement. The procedures shall afford the aggrieved individual notice of the decision giving rise to the dispute and an opportunity to be heard before the decision is implemented. The procedures must be posted for ease of access by stakeholders.

12.07Monitoring

12.07(1) Each AU shall comply with all applicable state and federal laws and regulations regarding the program plan, identification and special educational services for gifted students.

12.07(2) Each AU shall be subject to ongoing monitoring by the Department concerning implementation of the program plan.

12.07(3) Monitoring procedures shall include:

12.07(3)(a) A determination of compliance with all applicable state and federal laws and regulations, and

12.07(3)(b) An assessment of program quality based on the standards established by the Department of Education.

12.07(4) Monitoring activities shall include:

12.07(4)(a) A review of the annual and comprehensive program plans;

12.07(4)(b) A review of the annual enrollment and student performance reports;

12.07(4)(c) A planned comprehensive on-site procedure integrated with the continuous improvement and gifted education review process in the Department of Education; and

12.07(4)(d) Follow-up activities including the provision of technical assistance in areas of non-compliance and verification that areas of non-compliance have been corrected.

12.08Early Access

12.08(1)General Provisions

12.08(1)(a) Early access shall be provided by the AU to identify and serve highly advanced gifted children who are:

12.08(1)(a)(i) Four years of age and for whom early access to kindergarten is deemed appropriate by the AU; and

12.08(1)(a)(ii) Five years of age and for whom early access to first grade is deemed appropriate by the AU.

12.08(1)(b) If the AU permits early access, early access provisions shall be included in its early childhood and gifted instructional programs, and the AU shall expand access to kindergarten through grade one for students deemed appropriate for early access.

12.08(1)(c) Early access shall not be an acceleration pattern recommended for the majority of age 4 or age 5 gifted children who will benefit from preschool gifted programming that responds to the strength area. The purpose of early access is to identify and serve the few highly advanced gifted children who require comprehensive academic acceleration.

12.08(1)(d) When an AU permits early access, its program plan shall describe the elements of an early access process and how those elements, criteria and components will be implemented. Determinations made by the AU shall be made after consideration of criteria required by Section 12.08(2)(d) of these Rules.

12.08(1)(e) In 2008, an AU may submit an early access addendum to its program plan by September 10, 2008. Thereafter, AUs shall submit an addendum for early access by January 1 preceding the initial school year in which early access will be permitted, thus early access assessment may occur after the addendum is approved by the Department.

12.08(2)Elements of an Early Access Process

An early access process shall include the following elements:

12.08(2)(a)Communication

The AU shall communicate with parents, educators and community members as specified in Section 12.02 of these Rules. Early access communication is:

12.08(2)(a)(i) Information about the criteria and process for identifying a highly advanced gifted child for whom early access is deemed appropriate, time frames, portfolio referral, deadlines, specific tests and threshold scores used to make final determinations concerning such a student;

12.08(2)(a)(ii) Professional development of educators, or other means to increase the understanding of a highly advanced gifted child and the educational needs of such a student;

12.08(2)(a)(iii) A method for collaborative efforts among preschool, general and gifted education personnel and parents; and

12.08(2)(a)(iv) An advanced learning plan for the highly advanced gifted child determined appropriate for early access.

12.08(2)(b)Optional Fee Condition

12.08(2)(b)(i) The AU may charge parents a reasonable fee for assessment and other procedures performed for the purpose of identifying a highly advanced gifted child and making determinations for early access. The AU shall describe the fee related to the implementation of the referral, testing and/or decision making processes.

12.08(2)(b)(ii) No charge shall be assessed if the child who is the subject of such assessments is eligible for a reduced-cost meal or free meal pursuant to the federal "National School Lunch Act", 42 U.S.C. § 1751,et seq.

12.08(2)(b)(iii) When evaluating the need for fees, the AU will:

12.08(2)(b)(iii)(A) Integrate the costs of assessment and decision making into the ongoing general instructional and assessment practices conducted by early childhood and gifted education personnel to the maximum extent possible;

12.08(2)(b)(iii)(B) Take into account the economic circumstances of the community and applicant's family; and

12.08(2)(b)(iii)(C) Consider test results within three months of application from outside licensed professionals paid by the parent.

12.08(2)(c)Funding and Reporting

Administrative units that permit early access shall receive funding from the state education fund created in Article IX, Section 17(4) of the Colorado Constitution. To receive funding the AU shall abide by the Rules in this Section 12.08, and:

12.08(2)(c)(i) Support integration of early access in early childhood and gifted programming;

12.08(2)(c)(ii) Report age four gifted children provided early access using date of birth, grade level placement and gifted student designations on the October Enrollment Count and the End-of-Year Report; and

12.08(2)(c)(iii) Report age five gifted children provided early access using date of birth, grade level placement and gifted student designations on the October Enrollment Count and the End-of-Year Report.

12.08(2)(d)Criteria for Early Access

The AU shall evaluate a child referred by the parent for early access using the following criteria. The evaluation will lead to a student profile of strengths, performance, readiness, needs and interests, and a determination of appropriate placement. All criteria must be considered in making the determination - test scores alone do not meet the standards of a determination.

12.08(2)(d)(i) Aptitude

12.08(2)(d)(i)(A) Aptitude supporting early access is indicated by a highly advanced level of performance compared to age-peers on cognitive abilities rating scales or 97th percentile and above on standardized cognitive ability tests. Every child with a score above 97th percentile may not benefit from early access to kindergarten or first grade.

12.08(2)(d)(i)(B) The AU shall describe the method(s) and the developmentally appropriate tools for assessment that will be used to determine potential in general cognitive abilities and school success (e.g., individualized ability test, such as the Wechsler Preschool and Primary Scale of Intelligence or Woodcock Johnson Cognitive Ability Scale, or Kaufman Brief Intelligence Test).

12.08(2)(d)(ii) Achievement

12.08(2)(d)(ii)(A) Achievement supporting early access is indicated by a highly advanced level of performance compared to age-peers on achievement rating scales, performance assessment, or 97th percentile and above on standardized achievement tests. Typically, early access children function two or more years above their age peers.

12.08(2)(d)(ii)(B) The AU shall describe the method(s) and tools for assessment that will be used to determine knowledge and skills in reading, writing and mathematics (e.g., curriculum-based assessment, above-level testing, and individualized achievement tests, such as the test of early math ability/reading ability, Woodcock Johnson III Tests of achievement, or Iowa Tests of basic skills).

12.08(2)(d)(iii) Performance

12.08(2)(d)(iii)(A) Performance supporting early access is indicated by work samples and informal teacher and/or parent data indicating demonstrated ability above age peers.

12.08(2)(d)(iii)(B) The AU shall describe the method(s) and tools for assessment that will be used to determine actual demonstration of the student's work (e.g., work samples, independent reading, advanced vocabulary, observational data).

12.08(2)(d)(iv) Readiness, Social Behavior and Motivation

12.08(2)(d)(iv)(A) Readiness, social behavior and motivation for early access are determined by the child's ability to demonstrate the indicators deemed necessary for kindergarten or first grade by the district's standards or national standards (e.g., district readiness checklist, normed-checklists and rating scales, such as the California Preschool Competency Scale or the Preschool/Kindergarten Behavioral and Social Scale or Bracken School Readiness).

12.08(2)(d)(iv)(B) The AU shall describe the method(s) and tools for evaluation that will be used to determine a child's readiness for kindergarten or first grade, social maturity, and eagerness to learn.

12.08(2)(d)(v) Support Systems

12.08(2)(d)(v)(A) The AU shall define and implement a support system to assist in a child's success in and transition through early access by evidence of:

12.08(2)(d)(v)(A)(I) A letter of determination of the early access decision signed by the parent, gifted education staff, early childhood staff, the receiving teacher and building administrator indicating recognition and support of the child's placement (determination letters will be placed in the child's cumulative file);

12.08(2)(d)(v)(A)(II) A transition goal in the child's advanced learning plan for the first year of early access;

12.08(2)(d)(v)(A)(III) Methods of communication with the student about school success; and

12.08(2)(d)(v)(A)(IV) Methods for parent-teacher communication.

12.08(2)(d)(v)(B) The AU will describe how parents, teachers, school administrators and the learning environment will contribute to a positive support system.

12.08(2)(e)Process for Early Access

The AU shall establish a collaborative process among parents, preschool, general and gifted educators and school administration for evaluating early access referrals. The process implemented shall include the following components:

12.08(2)(e)(i) Timelines

12.08(2)(e)(i)(A) Applications for early access are due by April 1 for the next school year. Each AU shall declare when it will begin accepting applications.

12.08(2)(e)(i)(B) Determinations shall be made within 60 calendar days of the AU receiving the child's portfolio submitted by the child's parent in accordance with Section 12.08(2)(e)(iii)(A) of these Rules.

12.08(2)(e)(i)(C) For referrals received after April 1, the AU may, at its discretion, consider the child's information, provided the determination is made by September 1 or by the start of the upcoming school year, whichever is earlier.

12.08(2)(e)(i)(D) A student shall be age 4 by October 1 for kindergarten; and, age 5 by October 1 for first grade.

12.08(2)(e)(ii) Personnel

The AU shall identify personnel at the AU, district, and/or school level who will be involved in the early access process based on the following list. Designated personnel may serve in multiple capacities during the early access process.

12.08(2)(e)(ii)(A) A person designated to collect portfolio referrals;

12.08(2)(e)(ii)(B) Educators designated to collect data used in a body of evidence including the test examiner(s), early childhood teacher(s), a gifted education resource person, and others as identified by the AU (e.g., a performance assessment team, principal);

12.08(2)(e)(ii)(C) A determination team consisting of an AU level or school level gifted education resource person, a teacher in early childhood, and others as identified by the AU (e.g., principal, psychologist, counselor, parent);

12.08(2)(e)(ii)(D) A support team during transition including the receiving teacher and school administrator, parents, and gifted education/early childhood personnel; and

12.08(2)(e)(ii)(E) Other persons helpful in collecting data or making determinations, including the person who assisted in developing the screening portfolio.

12.08(2)(e)(iii) Evaluation

The AU shall describe the implementation steps for early access evaluation. The steps shall include, but not be limited to:

12.08(2)(e)(iii)(A) Screening Portfolio

Parents are responsible for collecting the information required for an early access portfolio application, and for submitting the portfolio to the appropriate AU personnel. The AU must describe the requirements for an application portfolio that shall include:

12.08(2)(e)(iii)(A)(I) Applicant contact information;

12.08(2)(e)(iii)(A)(II) A screening tool completed, individually, by the parent and the child's current teacher; or, if the child is not in school, by the parent and another adult who knows the child from other early childhood experiences (developmentally appropriate screening tools are district-developed tools and/or standardized tools, like the Gifted Rating Scales for Preschool and Kindergarten or the Kingore Observation Scale); and

12.08(2)(e)(iii)(A)(III) Information about the performance of the child that provides evidence of a need for early access evaluation (e.g., work samples, data from the child's current teacher or an adult from early childhood experiences, or indicators of early access readiness factors).

12.08(2)(e)(iii)(B) Referral

The AU shall designate the gifted education director/coordinator, principal, or other qualified person, to accept the referral portfolio provided by the parent, and make an initial decision as to whether early access assessment should continue.

12.08(2)(e)(iii)(C) Testing and a Body of Evidence

The AU shall conduct the necessary tests and collect student information, including test results accepted pursuant to Section 12.08 of these Rules, regarding the criteria and factors for early access outlined in Section 12.08 of these Rules. The body of evidence is complete if data regarding all criteria, and other considerations deemed necessary by the AU, are compiled for data analysis and decision making.

12.08(2)(e)(iii)(D) Decision Making

12.08(2)(e)(iii)(D)(I) Early access decisions will be a consensus process within the determination team that analyzes multiple criteria from a body of evidence resulting in a student profile of strengths, needs and interests of the child. Test scores alone will not determine early access. If the team cannot reach consensus, the building principal or the gifted education director/coordinator shall make the final decision in accordance with the AU's early access program plan.

12.08(2)(e)(iii)(D)(II) A determination letter will be signed by members of the determination team and the parent; and, forwarded for signature of the receiving teacher and principal if they are not on the determination team. Parents may accept or decline the offer of early access. When a child is deemed appropriate for early access, an advanced learning plan (ALP) shall be developed according to the AU's procedures, but no later than the end of the first month after the start of school. The ALP shall include academic and transition goals.

12.08(2)(e)(iii)(D)(III) If the determination team finds the child gifted, but does not find that the child meets the criteria for early access, the team will provide the child's school with the child's assessment portfolio for serving the area of exceptionality in the child's public preschool or public kindergarten program.

12.08(2)(e)(iii)(D)(IV) If the student transfers during the first year of an early access placement the new AU shall maintain the placement.

12.08(2)(e)(iv) Monitoring of Student Performance

The student's teacher shall monitor student performance at least every five weeks during the student's first year of early access. The monitoring process shall be based on the advanced learning plan and performance reports shared with the parents and child.

12.08(2)(e)(v) Procedures for Disagreements

Procedures for disagreements for early access shall be in accordance with Section 12.06 of these Rules.

12.09Gifted Education Grants

12.09(1)Screening Grants

An AU may apply to the Department for a grant for the universal screenings it conducts. An AU may conduct a universal screening of enrolled students no later than end of second grade; and/or a second universal screening in conjunction with the creation of each child's ICAP by end of eighth grade year.

12.09(1)(a) The amount of each grant request must be based on the number of students who participate in the screening and the per pupil cost of the screening.

12.09(2)Grants to offset the costs incurred in employing qualified personnel

An AU that hires a qualified person to administer the AU's gifted programs and implement the AU's program plan may apply to the Department for a grant to offset the costs incurred in employing the qualified person up to .5 FTE.

12.09(2)(a) The amount of each grant request must be equal to the costs incurred by the applying AU in employing the qualified person up to .5 FTE.

12.09(3)Grant Distribution

Grants are dependent upon the annual appropriation provided to the Department in any given year and shall be distributed to applicants in accordance with 22-20-205, C. R. S.

12.09(3)(a) If funds are sufficient to fully fund all requests received by the Department, the Department shall distribute awards to each AU applicant.

12.09(3)(b) If funds are insufficient to fully fund all the requests received by the Department, the Department shall distribute funds in the order in which the Department received the applications by date of receipt over the course of three days. If funds are sufficient to fully fund each request received on the first date of receipt, the Department shall distribute awards to each AU application received on that date. If funds are insufficient to fund each request received on day-one of receipt, then funds will be proportionally distributed to each day-one applicant on a pro-rata basis. If grant funds remain after day-one distributions, then funds for day-two applicants and day-three applicants would be distributed in the same manner, until all funds are expended.

12.09(3)(c) If grant funds are not fully expended in a given fiscal year, the Department shall distribute the monies appropriated in the same manner that it distributes AU annual allocations.

12.09(4)Application Window

During the first year of implementation, 2014-15 school year, applications will be due to the Department during a three-day application window no later than December 15 as specified in the grant application. Beginning on April 15-17, 2015, and each year thereafter, subject to available appropriations, Gifted Education Grant applications will be due during an April 15-17 application window for funding available July 1 of the subsequent fiscal year.

12.09(5)Application Procedures

The Department will develop an application, pursuant to the Department's grant process and pursuant to the requirements and timelines found in 22-20-205, C.R.S. Each grant application may include a request for one, or more, of the allowable uses: one qualified personnel (up to .5 FTE), as the term is defined by 22-20-202(7), C. R. S. and universal screenings in K-2 and/or middle school years.

12.09(5)(a) Each universal screening grant request shall at a minimum specify the name of the screening tool, the number of students who will participate in the universal screening, and the per pupil cost of the screening;

12.09(5)(b) Each qualified personnel grant request shall at a minimum specify the cost to employ a qualified person and a letter or certified document that verifies the qualified person has an endorsement or higher degree in gifted education, or is working toward attaining an endorsement or higher degree in gifted education.

12.09(6)Duration of Grant Awards

Each grant shall have a term of one year. Funds must be utilized within the fiscal year (July-June) of the distribution of grant funds.

12.09(7)Reporting

In any fiscal year in which the General Assembly makes an appropriation to the Department for the purposes of the grant program, each AU that receives a grant shall report the following information to the Department each year during the term of the grant:

12.09(7)(a) The number of and grade of students who participated in the universal screening, the per pupil cost of the screening, evidence of payment for the screening tool, and the name of tool(s) used; and/or

12.09(7)(b) The number of qualified personnel hired using grant moneys, and the type of endorsement/degree held by the qualified person or documentation that the qualified person is working toward attaining an endorsement or higher degree in gifted education.

12.10Advisory Committee

Administrative units are highly encouraged to establish and maintain a local advisory committee for gifted education.

1 CCR 301-8-12.00

38 CR 09, May 10, 2015, effective 6/1/2015

39 CR 03, February 10, 2016, effective 3/1/2016

45 CR 09, May 10, 2022, effective 6/30/2022

46 CR 11, June 10, 2023, effective 6/30/2023