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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMay 2015

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A. Type of Regulatory Action Required
B. Synopsis of Subject Matter of the Regulation
The Secretary of Education seeks the consent of the State Board of Education to add 14 DE Admin. Code 902 Gifted or Talented Education Plan. This regulation is being created 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. 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. It is being republished because of feedback received related to the timing of the development and implementation of plans and whether charter schools should be subject to this requirement. The regulation has been updated to provide more time for school districts to develop and implement plans and to eliminate this requirement by regulation for charter schools. Additionally, the regulation has been revised to change the order of some of the subsections so that information about the same subject or component is grouped together. Finally, the regulation has been revised to clarify the process of identification of a gifted or talented student.
Persons wishing to present their views regarding this matter may do so in writing by the close of business on or before June 5, 2015 to Tina Shockley, Education Associate, Department of Education, Regulatory Review, at 401 Federal Street, Suite 2, Dover, Delaware 19901. A copy of this regulation may be viewed or obtained at the Department of Education, Finance Office located at the address listed above.
"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.
Last Updated: December 31 1969 19:00:00.
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