CHAPTER 59
GIFTED AND TALENTED PROGRAMS
[Prior to 9/7/88, see Public Instruction Department[670] Ch 56]
[Former Ch 59 Rescinded IAB 9/7/88]
281—59.1(257) Scope and general principles.
	59.1(1) Scope. These rules apply to the provision of gifted and talented programs authorized in Iowa Code sections 257.42 to 257.49, for students who are identified as gifted and talented and who are enrolled in public school districts in this state.
	59.1(2) General principles. Gifted and talented programs shall be provided by a school district and may be made available to eligible students as a cooperative effort between school districts or through cooperative arrangements between school districts and other educational agencies. It is the responsibility of school districts to ensure that the programs meet the requirements of state statute and these rules.
[ARC 8382B, IAB 12/16/09, effective 1/20/10]
281—59.2(257) Definitions. For the purpose of this chapter the following definitions apply.
“Creative thinking” refers to students who have advanced insight, outstanding imagination and innovative reasoning ability. Such students possess outstanding ability to integrate seemingly unrelated information in formulating unique ideas, insights, solutions, or products.
“Department” refers to the department of education.
“General intellectual ability” refers to students who can learn at a faster pace, master higher levels of content and handle abstract concepts at a significantly higher level than expected, given the student’s chronological age and experiences.
“Gifted and talented children” refers to those students, distinguished from the total K-12 student population, who are identified as possessing outstanding ability and who are capable of high performance. Gifted and talented children are children who require appropriate instruction and educational services commensurate with their abilities and needs beyond those provided by the regular school program. Gifted and talented children include those children with demonstrated achievement or potential ability, or both, in any of the following areas or in combination: general intellectual ability, creative thinking, leadership ability, visual and performing arts ability, or specific ability aptitude.
“Leadership ability” refers to those students who possess outstanding potential or demonstrated ability to exercise influence on decision making. These students may be consistently recognized by their peers, may demonstrate leadership behavior through school and nonschool activities or may evidence personal skills and abilities that are characteristic of effective leaders.
“Program budget” is a budget consisting of a listing of the estimated direct program expenditures, by function and object, that are necessary to accomplish the goals of the program in meeting the needs of identified students, along with a listing of the sources of revenue and, if necessary, the amounts of fund balance to be applied.
“Specific ability aptitude” refers to those students who have exceptionally high achievement or potential and a high degree of interest in a specific field of study.
“Visual or performing arts ability” refers to students who demonstrate or indicate potential for outstanding aesthetic production or creativity in areas such as art, dance, music, drama, and media production.
[ARC 8382B, IAB 12/16/09, effective 1/20/10]
281—59.3(257) Development of plan. Rescinded IAB 12/16/09, effective 1/20/10.
281—59.4(257) Program plan. The program plan submitted by school districts shall be part of the school improvement plan submitted pursuant to Iowa Code section 256.7, subsection 21, paragraph “a.” The plan shall include all of the following:
	1.	Program goals, objectives, and activities to meet the needs of gifted and talented children.
	2.	Student identification criteria and procedures.
	3.	Staff professional development.
	4.	Staff utilization plans.
	5.	Evaluation criteria and procedures and performance measures.
	6.	Program budget as defined in rule 281—59.2(257).
	7.	Qualifications required of personnel administering the program.
	8.	Other factors required by the department.
[ARC 8382B, IAB 12/16/09, effective 1/20/10]
281—59.5(257) Responsibilities of school districts.
	59.5(1) Development of goals and objectives. Gifted and talented program goals and objectives shall be established for the following:
	a. 	Curriculum and instructional strategies.
	b. 	Student outcomes.
	c. 	Program management and administration.
	d. 	Program development.
	59.5(2) Development of curriculum and instructional strategies. The program of instruction shall consist of content and teaching strategies that reflect the accelerative pace, intellectual processes and creative abilities that characterize gifted and talented students. A linkage between the selection of students, the anticipated student outcomes and the special instructional programs shall be evident. Learning activities shall provide for the development of skills which are beyond the scope of the regular classroom, introduce advanced concepts and contents, and offer students a greater latitude of inquiry than would be possible without the specialized instructional program. Specialized instructional activities shall be those not ordinarily found in the regular school program and may include, but shall not be limited to:
	a. 	A special curriculum supplementing the regular curriculum, using a high level of cognitive and affective concepts and processes.
	b. 	Flexible instructional arrangements such as special classes, seminars, resource rooms, independent study, student internships, mentorships, research field trips, and research centers.
	59.5(3) Student enrollment. Students shall be involved in a gifted and talented program for a sufficient portion of the regularly scheduled school time to ensure that projected student outcomes are likely to be achieved.
	59.5(4) Personalized education plan. Best practice dictates that the services provided for each student placed in a gifted and talented program be contained in a written, personalized gifted and talented plan. Personalized education plans should be in writing and reviewed at periodic intervals in accordance with the changing needs of the student. The following items are suggested for inclusion in a student’s personalized education plan, but this is neither a mandatory nor an exhaustive list:
	a. 	Relevant background data, assessment of present needs and projections for future needs. Relevant information may include the student’s leadership ability, interest inventories, learning characteristics, and learning goals.
	b. 	The nature and extent of the gifted and talented services provided to the student, including indirect services, such as consultative services or other supportive assistance provided to a regular classroom teacher. Other services may include modifications to curriculum and acceleration of the student’s curriculum.
	c. 	Personnel responsible for the services provided to the student, as well as those responsible for monitoring and evaluating the student’s progress.
	59.5(5) Student identification criteria and procedures. Students will be placed in a gifted and talented program in accordance with systematic and uniform identification procedures that encompass all grade levels and that are characterized by the following:
	a. 	Identification will be for the purpose of determining the appropriateness of placement in a gifted and talented program rather than for categorically labeling a student.
	b. 	The decision to provide a student with a gifted and talented program will be based on a comprehensive appraisal of the student, consideration of the nature of the available gifted and talented program and an assessment of actual and potential opportunities within the student’s regular school program.
	c. 	Multiple criteria shall be used in identifying a student, with no single criteria eliminating a student from participation. Criteria will combine subjective and objective data, including data with direct relevance to program goals, objectives and activities.
	d. 	In the event that the number of eligible students exceeds the available openings, participants shall be selected according to the extent to which they can benefit from the program.
	e. 	Each identified student’s progress shall be reviewed at least annually to consider modifications in program or student placement.
	59.5(6) Evaluation. The school district shall give attention to the following in its evaluation design:
	a. 	Evaluation of gifted and talented programs shall be for the purpose of measuring program effects and providing information for program improvement.
	b. 	Evaluation should be conducted for each program level where objectives have been established.
	c. 	Both cognitive and affective components of student development should be evaluated.
	d. 	Evaluation findings should report results based on actual accomplishments by the gifted and talented students or their teachers which are a direct result of the project, program, or activity.
	59.5(7) Staff utilization plan. Staff will be deployed to ensure quality gifted and talented programs by employing the following procedures:
	a. 	A designated staff person shall be responsible for the overall program coordination throughout the school district.
	b. 	The teaching staff of the gifted and talented program should work with the regular classroom teachers to assess, plan, carry out instruction, and evaluate outcomes.
	c. 	Coordination time shall be made available to staff providing gifted and talented programs to allow staff to perform professional responsibilities.
	59.5(8) Staff professional development. Periodic professional development shall be offered for all classroom teachers to maintain and update understandings and skills about individualizing programs for identified gifted and talented students. A staff development plan for personnel responsible for gifted and talented programs shall be provided. This plan shall be based upon the assessed needs of the gifted and talented instructional and supervisory personnel.
	59.5(9) Qualifications of personnel. Instructional personnel providing programs for gifted and talented students should have preservice or in-service preparation in gifted and talented education that is commensurate with the extent of their involvement in the gifted and talented program. The gifted and talented program teacher-coordinator shall comply with the endorsement requirements of 282—subrule 13.28(24) (formerly 282—subrule 14.140(13)). The endorsement authorizes the holder to serve as a teacher or a coordinator of programs for the gifted and talented from the prekindergarten level through grade 12.
	59.5(10) Program budget. When programs are jointly provided by two or more school districts or by a school district in cooperation with another educational agency, the budget shall specify how each cooperating school district or agency will determine the portion of the program costs to be provided by each school district or agency and shall provide a budget that specifies the contribution of each school district or agency.
	59.5(11) Appropriate expenditures. The purpose of the funding described in Iowa Code section 257.45 is to provide for the needs of identified gifted and talented students beyond those needs that are provided by the regular school program. The funding shall be used only for expenditures directly related to providing the gifted and talented program described in the program plan. Appropriate expenditures are delineated in 281—Chapter 98.
	59.5(12) Inappropriate expenditures. Inappropriate expenditures are delineated in 281—Chapter 98.
	59.5(13) Financial management. Gifted and talented funding is categorical funding and follows the general provisions in 281—Chapter 98.
	59.5(14) Annual reporting. School districts shall include and identify the detail of financial transactions related to gifted and talented resources, expenditures, and carryfoward balances on their certified annual report. School districts shall use the account coding appropriate to the gifted and talented program as defined by Uniform Financing Accounting for Iowa School Districts and AEAs. Each school district shall certify its certified annual report following the close of the fiscal year but no later than September 15.
[ARC 8382B, IAB 12/16/09, effective 1/20/10]
281—59.6(257) Responsibilities of area education agencies.
	59.6(1) When a written request is received from one or more local school boards, a gifted and talented advisory council shall be established and operated under provisions of Iowa Code sections 257.48 and 257.49.
	59.6(2) Staff of the area education agency shall cooperate with school districts in the identification and placement of gifted and talented students. Cooperation may include, but is not limited to:
	a. 	Assisting local school district personnel in the interpretation of available student data.
	b. 	Assistance in the development of the identification plan.
	c. 	Providing for psychological testing in individual cases when available data contains significant inconsistencies or in other circumstances when additional data may be necessary for determining the appropriateness of the student placement.
[ARC 8382B, IAB 12/16/09, effective 1/20/10]
281—59.7(257) Responsibilities of the department.
	59.7(1) The department shall review documentation submitted by school districts and area education agencies regarding the school districts’ and area education agencies’ gifted and talented programs and financial transactions. The department may request that the staff of the auditor of state conduct an independent program audit to verify that the gifted and talented programs conform to a school district’s program plans.
	59.7(2) The department shall provide technical assistance to school districts and to area education agencies in the development of gifted and talented programs.
[ARC 8382B, IAB 12/16/09, effective 1/20/10]
281—59.8(257) Assurances. Rescinded IAB 12/16/09, effective 1/20/10.
These rules are intended to implement Iowa Code sections 257.42 to 257.49.
[Filed emergency 2/9/79—published 3/7/79, effective 2/9/79]
[Filed emergency 5/16/80—published 6/11/80, effective 5/19/80]
[Filed emergency 9/12/80—published 10/1/80, effective 9/15/80]
[Filed 8/19/88, Notice 6/29/88—published 9/7/88, effective 10/12/88]
[Filed 1/18/94, Notice 10/27/93—published 2/2/94, effective 3/9/94]
[Filed 9/9/94, Notice 7/6/94—published 9/28/94, effective 11/2/94]
[Filed ARC 8382B (Notice ARC 8052B, IAB 8/26/09), IAB 12/16/09, effective 1/20/10]