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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2015

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The Secretary of Education seeks the consent of the State Board of Education to establish 14 DE Admin. Code 902 Gifted or Talented Education Plan. This regulation is being established pursuant to 14 Del.C. §3126, which states that the extent of programs and facilities provided for children determined to be gifted or talented shall be in accordance with the rules and regulations of the Department of Education. This regulation develops the rules and regulations relative to standards for identifying gifted or talented students, and the development, implementation and monitoring of programs for gifted or talented children.
Notice of the proposed regulation was published in the News Journal and the Delaware State News on April 27, 2015, in the form hereto attached as Exhibit "A". Comments were received from Governor's Advisory Council for Exceptional Citizens, State Council for Persons with Disabilities, and the Delaware Talented and Gifted State Affiliate of the National Association for Gifted Children (NAGC).
The Secretary finds that it is appropriate to establish 14 DE Admin. Code 902 Gifted or Talented Education Plan pursuant to 14 Del.C. §3126, which states that the extent of programs and facilities provided for children determined to be gifted or talented shall be in accordance with the rules and regulations of the Department of Education. This regulation provides the rules and regulations relative to standards for identifying gifted or talented students, and the development, implementation and monitoring of programs for gifted or talented children.
For the foregoing reasons, the Secretary concludes that it is appropriate to establish 14 DE Admin. Code 902 Gifted or Talented Education Plan. Therefore, pursuant to 14 Del.C. §122, 14 DE Admin. Code 902 Gifted or Talented Education Plan attached hereto as Exhibit "B" is hereby established. Pursuant to the provision of 14 Del.C. §122(e), 14 DE Admin. Code 902 Gifted or Talented Education Plan hereby established shall be in effect for a period of five years from the effective date of this order as set forth in Section V. below.
The text of 14 DE Admin. Code 902 Gifted or Talented Education Plan established hereby shall be in the form attached hereto as Exhibit "B", and said regulation shall be cited as 14 DE Admin. Code 902 Gifted or Talented Education Plan in the Administrative Code of Regulations for the Department of Education.
The actions hereinabove referred to were taken by the Secretary pursuant to 14 Del.C. §122 on June 18, 2015. The effective date of this Order shall be ten (10) days from the date this Order is published in the Delaware Register of Regulations.
IT IS SO ORDERED the 18th day of June 2015.
Department of Education
"Gifted or Talented Education Plan (Plan)" means a document developed by a school district for the development, implementation, and evaluation of an identification process and appropriate services for gifted or talented students.
"Gifted or Talented Student" means a student in the chronological age group four (4) through the end of the school year in which the child attains the age of 21 or until receipt of a regular high school diploma, whichever occurs first, who has been identified by a professionally qualified person(s) as meeting the following definition of gifted or talented:
A child capable of high performance with demonstrated achievement and/or potential ability in any of the following areas, singularly or in combination:
"Relative Caregiver" means, pursuant to 14 Del.C. §202 (f)(1), an adult who, by blood, marriage or adoption, is the child's great grandparent, grandparent, step grandparent, great aunt, aunt, step aunt, great uncle, uncle, step uncle, step parent, brother, sister, step brother, step sister, half brother, half sister, niece, nephew, first cousin, or first cousin once removed but who does not have legal custody or legal guardianship of the student.
3.1 Each school district shall have a Plan [for educational services for identified gifted or talented students. The Plan which], at a minimum, shall:
3.2 The Plan should be provided to the Department of Education by July 1, 2016 for implementation [beginning] no later than August 1, 2017 [and each year thereafter].
4.2 Each Plan shall be reviewed periodically[, but not less than every five years,] by the Department of Education for compliance with this regulation, and any substantive changes to the Plan shall be provided for review for compliance with this regulation.
Last Updated: December 31 1969 19:00:00.
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