There are three (3) documents that provide the authority and the specific requirements for gifted education in the state of Georgia. They are found in state law, State Board of Education (SBOE) Rule, and SBOE approved Regulations. Key elements are in bold type below.
1) State Law: OCGA 120-2-152 SPECIAL EDUCATION SERVICES (http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=20-2-152)
Relevant excerpts include:
(a) All children and youth who are eligible for general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services ….. Special education shall include children who are classified as intellectually gifted ….. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education programs …..
(a.1) The criteria adopted by the state board to determine the eligibility of students for state funded special education programs for the intellectually gifted, Category VI pursuant to paragraph (6) of subsection (d) of this Code section, shall authorize local boards of education to use:
(1) The criteria used on July 1, 1993, as amended by state board or state department regulation from time to time; and
(2) Multiple eligibility criteria which include:
- Evidence of student work product or performance;
- Data from teacher, parent, or peer observation; and
- Evidence of student performance on nationally normed standardized tests of mental ability, achievement, and creativity.
A student’s eligibility may be determined under either paragraph (1) or (2) of this subsection. The multiple eligibility criteria shall be implemented as appropriate staff development is completed, but not later than August 1, 1998. A student who has been determined before July 1, 1994, to be eligible for state funded special education programs for the intellectually gifted shall not be required to satisfy any additional eligibility criteria or information documentation s a result of this subsection.
(b) Local school systems shall, subject to any limitations specified in this Code section, provide special education programs for all eligible students with special needs who are residents of their local school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by contracting with other local schools systems, regional education service agencies, or other qualified public or private institutions for such services …..
2) SBOE Rule 160-4-2-.38 EDUCATION PROGRAM FOR GIFTED STUDENTS
(http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-2-.38.pdf)
3) Section II of this document contains Rule 160-4-2-.38 in its entirety along with annotations to assist in interpreting and/or implementing the rule SBOE Approved Regulations for Gifted Education Programs
(http://www.doe.k12.ga.us/_documents/curriculum/instruction/gifted_regulations.pdf)
Source: Resource Manual for Gifted Services, June 2005
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