File No. 34830
This rule was published in the June 1, 2011, issue (Vol. 2011, No. 11) of the Utah State Bulletin.
Education, Administration
Rule R277-711
Educational Programs for Gifted and Talented Students
Notice of Proposed Rule
(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This rule is repealed because the statutory language that established specific programs for gifted students has been replaced by a new more flexible program established in H.B. 2, 2011 General Session, which provides funding to local education agencies (LEAs) to support the academic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This rule is repealed in its entirety.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 This rule is being repealed because the language in this rule is no longer supported by statute.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 This rule is being repealed because the language in this rule is no longer supported by statute.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 This rule is being repealed because the language in this rule is no longer supported by statute.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 This rule is being repealed because the language in this rule is no longer supported by statute.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:
EducationAdministration
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 carol.lear@schools.utah.gov
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 ]
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110601.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov.