No. 34830 (Repeal): Rule R277-711. Educational Programs for Gifted and Talented Students

(Repeal)

DAR File No.: 34830
Filed: 05/16/2011 06:42:52 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is repealed because the statutory language that established specific programs for gifted students has been replaced by a new more flexible program established in H.B. 2, 2011 General Session, which provides funding to local education agencies (LEAs) to support the academic growth of students whose academic achievement is accelerated. A new rule that is consistent with the new statutory language providing for more flexible accelerated learning program funding will replace this rule. (DAR NOTE: H.B. 2 (2011) will be effective 07/01/2011.)

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no costs or savings to the state budget. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

local governments:

There are no costs or savings to local government. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

small businesses:

There are no costs or savings to small businesses. This rule relates to public education and does not affect businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no costs or savings to persons other than small businesses, businesses, or local government entities. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

Compliance costs for affected persons:

There are no compliance costs for affected persons. This rule is being repealed because the language in this rule is no longer supported by statute. A new rule consistent with new statutory language will replace this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

[ R277-711. Educational Programs for Gifted and Talented Students.

R277-711-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Gifted and talented students" means children and youth whose superior performance or potential for accomplishment requires a differentiated and challenging education program to meet their needs in any one or more of the following areas:

(1) general intellectual: students who demonstrate a high aptitude for abstract reasoning and conceptualization, who master skills and concepts quickly, and who are exceptionally alert and observant;

(2) specific academic: students who evidence extraordinary learning ability in one or more specific disciplines;

(3) visual and performing arts: students who are consistently superior in the development of a product or performance in any of the visual and performing arts;

(4) leadership: students who emerge as leaders, and who demonstrate high ability to accomplish group goals by working with and through others;

(5) creative, critical or productive thinking: students who are highly insightful, imaginative, and innovative, and who consistently assimilate and synthesize seemingly unrelated information to create new and novel solutions for conventional tasks.

C. "Accelerated" means enabling students to move through academic programs based on their performance level.

D. "Enrichment" means classes or programs that provide greater depth and breadth of experiences and information than students would receive in traditional classes.

E. "Accelerated learning programs" means programs for: gifted and talented students, concurrent enrollment students, and students enrolled in the College Board Advanced Placement Program.

F. "Programs for gifted and talented students" means differentiated and challenging educational programs designed to meet the needs of gifted and talented students in one or more areas identified in Section 1(B).

 

R277-711-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-17a-120 which directs the Board to adopt rules for the expenditure of funds appropriated for accelerated learning programs, Section 53A-1-402(1) which authorizes the Board to adopt rules for special programs and Section 53A-1-401(3) which authorizes the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify standards and procedures for using a portion of accelerated learning program funds to develop programs and services for gifted and talented students.

 

R277-711-3. Program Standards.

A. Appropriately qualified people shall direct and implement the district's program(s) for gifted and talented students.

B. Each district shall have a process for identifying students in one or more of the areas listed in Section 1(B) based upon at least three assessment instruments. These instruments shall not be solely dependent upon English vocabulary or comprehension skills and shall take into consideration abilities of culturally diverse, handicapped and underachieving students.

C. Each school district shall have a process for appropriately placing students identified as gifted and talented.

D. Each school district shall develop and submit, to the Utah State Office of Education for review annually, a plan for educating gifted and talented students. This plan shall reflect a time frame appropriate to the district. The district plan shall contain provisions to:

(1) develop a written philosophy for the education of gifted and talented students that is consistent with the goals and values of the school district and the community;

(2) select a district coordinator who is responsible for the program;

(3) recognize a variety of areas in which a student may be identified as gifted;

(4) provide carefully integrated, and articulated curricula throughout the district;

(5) identify and use teaching strategies that are appropriate to the learning styles and emotional needs of gifted and talented students;

(6) adopt flexible pacing at all levels and allow students to advance as they master content and skills;

(7) offer program options that reach through and beyond the normal institutional boundaries: across disciplines, across grade levels, and across levels of intelligence;

(8) provide guidance to assist students in addressing personal and interpersonal needs, in program selection and in career and college choices;

(9) balance acceleration with enrichment activities for diverse types and degrees of intelligence;

(10) provide information regarding special services, programs, and other appropriate educational opportunities; and

(11) utilize appropriate community and private resources.

E. Provisions shall be made in the district plan for staff development and support.

F. Each district shall evaluate its program to assure accountability, assess the success of individual program elements, and determine student growth and achievement.

 

R277-711-4. Fiscal Standards.

A. Each school district shall receive its share of funds in the proportion that the district's number of weighted pupil units for kindergarten through grade twelve and necessarily existent small schools bears to the state total.

B. Funds shall be used in any of the following areas:

(1) planning, program development, and identification of students;

(2) salaries, in-service education costs, and the costs of conferences, workshops, and other educational activities designed to enable teachers to better serve gifted and talented students;

(3) supplies, materials, and equipment to supplement and enhance the education programs for gifted and talented students.

C. Funds allocated for programs for gifted and talented students shall not be used for Concurrent Enrollment programs.

D. The Utah State Office of Education shall have fiscal and pupil accounting procedures to assess programs for gifted and talented students.

 

KEY: gifted children, accelerated learning*

Date of Enactment or Last Substantive Amendment: 1990

Notice of Continuation: November 10, 2010

Authorizing, and Implemented or Interpreted Law: 53A-1-402(1); 53A-1-401(3); 53A-17a-120 ]

 

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