(1) (a) The department shall administer this part 2, which includes recommending to the state board reasonable rules necessary to implement this part 2, including but not limited to:
(I) Procedures regarding the identification of gifted children and the collection of data on their areas of giftedness;
(II) Criteria that administrative units must satisfy in adopting program plans to identify and serve gifted children;
(III) Required contents of an advanced learning plan and the procedures and responsibilities for creating a gifted child's advanced learning plan;
(IV) Statewide procedures to ensure the portability of a gifted child's identification as gifted;
(V) Criteria and procedures to ensure accountability for gifted students' academic achievement and for evaluation of gifted education programs;
(VI) Criteria to ensure administrative units' accountability for annual gifted education program budgets and expenditures;
(VII) Procedures for parent, family, and student engagement and communication with regard to gifted education programs; and
(VIII) Procedures that an administrative unit must use in resolving disagreements with parents.
(b) The state board shall adopt appropriate recommendations as rules to implement this part 2 following public comment and hearing. The rules that the state board promulgates must be in accord with the legislative declaration set forth in section 22-20-201. The state board rules that are in effect to implement this part 2 before August 6, 2014, may continue in effect after that date to the extent the state board finds that the rules continue to be appropriate, and the state board shall promulgate pursuant to the State Administrative Procedure Act, article 4 of title 24, C.R.S., such additional rules as may be necessary to implement this part 2.
(c) The department shall provide to an administrative unit that provides gifted education program plans, programs, advanced learning plans, or services that do not comply with the state board rules, a detailed analysis of any discrepancies noted along with specific recommendations to correct the discrepancies. The department must allocate or continue allocating to the administrative unit applicable federal and state funding for a reasonable period of time, as determined by the department, to allow the administrative unit an opportunity to comply with the rules. An administrative unit may establish a claim for variance based on conditions indigenous to or unique to the administrative unit.
(2) To implement the provisions of this part 2, the state board and the department may provide for such personnel within the department as are deemed necessary for these purposes.
(3) The general assembly recognizes that, to assist the state board in performing its responsibilities in implementing this part 2, the state board has appointed a state gifted education advisory committee of an appropriate size. On and after August 6, 2014, the membership of the advisory committee must continue to include representatives from each congressional district in the state and consist of persons involved in or concerned with the education of gifted children. The state board shall continue to appoint members for terms as stated in the bylaws of the advisory committee. Members of the advisory committee continue to serve without compensation but may receive reimbursement for expenses.
Source: L. 2011: Entire part added, (HB 11-1077), ch. 30, p. 80, � 11, effective August 10. L. 2014: Entire section amended, (HB 14-1102), ch. 330, p. 1464, � 3, effective August 6.
22-20-204. Gifted education - program plans - implementation - qualified personnel - local advisory committees. (1) Each administrative unit shall provide a gifted education program in accordance with this part 2 and the rules of the state board. Each administrative unit shall adopt a gifted education program plan that the administrative unit can implement within the local, state, and federal moneys and resources that are available to the administrative unit for gifted education. Each administrative unit shall submit the program plan to the department, as provided in state board rule. At a minimum, each program plan must:
(a) Include procedures for reporting data collection and maintenance concerning implementation of the gifted education program;
(b) Include appropriate opportunities for concurrent enrollment, as provided in article 35 of this title, if indicated by a gifted child's advanced learning plan or individual career and academic plan;
(c) Satisfy any criteria established by rules promulgated by the state board for the implementation of this part 2; and
(d) Be consistent with the advanced learning plans of the gifted children that the administrative unit identifies.
(2) Each administrative unit is also strongly encouraged to include in the program plan a universal screening, as defined by state board rule, of enrolled students no later than second grade to identify gifted children and a second screening of gifted children in conjunction with the creation of each child's individual career and academic plan.
(3) To implement the program plan that each administrative unit adopts pursuant to this section, each administrative unit shall ensure that its constituent schools and school districts make available the gifted education services specified in each gifted child's advanced learning plan to the extent described in the administrative unit's program plan.
(4) To comply with this section, an administrative unit may contract with one or more administrative units to establish and maintain gifted education programs for the education of gifted children, sharing the costs of the gifted education programs in accordance with the terms of the contract. An administrative unit that has fewer than six children who need a particular kind of gifted education program may purchase services from one or more administrative units that provide the appropriate gifted education program.
(5) (a) Each administrative unit shall make a good-faith effort to hire and retain on at least a half-time basis at least one qualified person in gifted education to administer the administrative unit's gifted programs and implement the administrative unit's program plan. The qualified person must meet the qualification standards set by rule of the state board.
(b) Institutions of higher education that are located within the state are encouraged to work with the administrative units, the state board, and the department to provide endorsement and degree programs, other staff development, and in-service opportunities to increase the number of qualified persons and to increase the capacity of all educators to implement each administrative unit's gifted education program and to implement gifted students' advanced learning plans.
(6) To assist an administrative unit in implementing its program plan and providing services to gifted children, each administrative unit is strongly encouraged to establish and maintain a local advisory committee that includes persons who are involved in or concerned with gifted education and concerned with improving the delivery of and communication concerning gifted education.
Source: L. 2011: Entire part added, (HB 11-1077), ch. 30, p. 81, � 11, effective August 10. L. 2014: Entire section R&RE, (HB 14-1102), ch. 330, p. 1466, � 4, effective August 6.
22-20-204.3. Identification of gifted children - advanced learning plans - creation - rules. (1) Each administrative unit, through its program plan, shall use an identification assessment and review by a team, as described in state board rule, to identify gifted children. The team shall use a body of evidence upon which to base the determination of giftedness, which evidence must include, at a minimum, the identification assessment results, parental input, and multiple types of measures and data sources.
(2) When a child is identified as gifted, the administrative unit shall ensure that an advanced learning plan is created for the child, which specifies the programming, services, and interventions that correspond to the child's strengths and needs. The administrative unit shall implement each gifted child's advanced learning plan in accordance with the administrative unit's program plan.
(3) The state board shall promulgate rules that specify the procedures and criteria for identifying gifted children and creating advanced learning plans.
Source: L. 2014: Entire section added, (HB 14-1102), ch. 330, p. 1467, � 5, effective August 6.
22-20-204.5. Highly advanced gifted children - identification - rules - legislative declaration. (1) (a) In adopting and implementing a program plan to identify and serve gifted children pursuant to section 22-20-204, each administrative unit may include in its program plan provisions to identify and serve highly advanced gifted children who are:
(I) Four years of age and for whom early access to kindergarten is deemed appropriate by the administrative unit; and
(II) Five years of age and for whom early access to first grade is deemed appropriate by the administrative unit.
(b) In making determinations pursuant to paragraph (a) of this subsection (1), an administrative unit shall apply the criteria and process established by rules promulgated by the state board pursuant to subsection (4) of this section.
(2) If an administrative unit includes in its program plan provisions to identify and serve highly advanced gifted children as described in subsection (1) of this section, the administrative unit must make available to a person upon request the administrative unit's criteria and process for identifying a highly advanced gifted child for whom early access to kindergarten or first grade is deemed appropriate. At a minimum, the administrative unit must provide the time frames, deadlines, and any specific tests and threshold scores that the administrative unit uses to identify and make a final determination concerning a highly advanced gifted child.
(3) If an administrative unit includes in its program plan provisions to identify and serve highly advanced gifted children as described in subsection (1) of this section, the administrative unit may charge a fee for any assessments or other procedures that the administrative unit performs to identify a highly advanced gifted child for whom early access to kindergarten or first grade is deemed appropriate; except that an administrative unit shall not charge a fee for any assessments or other procedures if the child who is the subject of the assessments or other procedures is eligible for a free or reduced-price meal pursuant to the federal Richard B. Russell National School Lunch Act, 42 U.S.C. sec. 1751 et seq.
(4) (a) The state board shall promulgate rules to establish criteria and a process that an administrative unit must use, pursuant to subsection (1) of this section, to make determinations regarding the advanced placement of highly advanced gifted children.
(b) At a minimum, the criteria established by rules must include consideration of a child's:
(I) Aptitude;
(II) Achievement;
(III) Performance;
(IV) Readiness for advanced placement;
(V) Observable social behavior;
(VI) Motivation to learn; and
(VII) Support from parents, teachers, and school administrators.
(c) The process established by rules must include:
(I) A timeline according to which a child's parents may apply for advanced placement for the child;
(II) A description of the administrative unit personnel who are involved in the process of identifying highly advanced gifted children for whom advanced placement is appropriate;
(III) A description of how the administrative unit personnel must evaluate each child for whom the child's parents are seeking advanced placement;
(IV) A description of the entire body of evidence that the administrative unit personnel must use to evaluate each child for whom the child's parents are seeking advanced placement;
(V) A description of how administrative unit personnel must collaboratively make decisions concerning the advanced placement of highly advanced gifted children; and
(VI) A description of how an administrative unit must monitor the performance of a child who has received an advanced placement pursuant to this section.
(5) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, provisions to identify and serve highly advanced gifted children who are four years of age and for whom early access to kindergarten is deemed appropriate by an administrative unit or who are five years of age and for whom early access to first grade is deemed appropriate by an administrative unit are important elements of accountable education reform and expanding the availability of preschool and kindergarten programs and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
Source: L. 2014: Entire section added, (HB 14-1102), ch. 330, p. 1468, � 5, effective August 6.