(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 gift
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(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.