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California Code of Regulations (CCR), Title 5

CCR Title 5 Regulations sections 3820-3870 relating to GATE.

California Code of Regulations, Title 5

California Code of Regulations
Title 5. Education
Division 1. California Department of Education
Chapter 4. Gifted and Talented Pupil Program

§ 3820. Method of Identification.

The school district shall have the responsibility for the development of a method for the identification of pupils as gifted and talented. The method of identification shall be included in the application and shall conform to these general principles:

(a) Standards shall ensure the identification of pupils who possess a capacity for excellence far beyond that of their chronological peers.

(b) Methods shall be designed to seek out and identify those pupils whose extraordinary capacities require special services and programs.

(c) Provision shall be made for examining a pupil's range of capacities.

(d) Methods and techniques of identification shall generate information as to a pupil's capacities and needs.

(e) There shall be equal opportunity to be identified in the categories served.

(f) Methods shall be designed to seek out and identify gifted and talented pupils from varying linguistic, economic, and cultural backgrounds.

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52202, Education Code.

§ 3821. Responsibility for Identification.

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52200, Education Code.

§ 3822. Categories for Identification.

Each district shall use one or more of these categories in identifying pupils as gifted and talented. In all categories, identification of a pupil's extraordinary capability shall be in relation to the pupil's chronological peers.

(a) Intellectual Ability: A pupil demonstrates extraordinary or potential for extraordinary intellectual development.

(b) Creative Ability: A pupil characteristically:

(1) Perceives unusual relationships among aspects of the pupil's environment and among ideas;

(2) Overcomes obstacles to thinking and doing;

(3) Produces unique solutions to problems.

(c) Specific Academic Ability: A pupil functions at highly advanced academic levels in particular subject areas.

(d) Leadership Ability: A pupil displays the characteristic behaviors necessary for extraordinary leadership.

(e) High Achievement: A pupil consistently produces advanced ideas and products and/or attains exceptionally high scores on achievement tests.

(f) Visual and Performing Arts Talent: A pupil originates, performs, produces, or responds at extraordinarily high levels in the arts.

(g) Any other category which meets the standards set forth in these regulations.

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52202, Education Code.

§ 3823. Evidence for Identification.

Prior to identification, pertinent evidence as to a pupil's capacity for excellence far beyond that of chronological peers shall be compiled.

(a) Appropriate data to be collected by the school district may include: school, class, and individual pupil records; individual tests (including summary and evaluation by credentialed school psychologist); group tests; interviews and questionnaires (teacher, parent, and others). The range of data shall be broad enough to reveal gifts and talents across cultural, economic, and linguistic groups.

(b) Evidence of a pupil's capability may also be derived from pupil products, comments from peers, opinions of professional persons.

(c) Studies of the factors contributing to a pupil's underachievement and studies of a pupil's underachievement resulting from handicapping or disadvantaged conditions shall be considered.

(d) The pertinent evidence shall reflect consideration of the economic, linguistic, and cultural characteristics of the pupil's background.

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52203, Education Code.

§ 3824. Identification and Placement.

The final determination of eligibility of a pupil, as provided in Section 3820, for gifted and talented programs shall rest with the administrative head of the school district or a designated employee of the district in accordance with procedures adopted by the local governing board.

(a) This school employee shall base a decision upon the evaluation of the pertinent evidence by the school principal or a designee of the school principal, a classroom teacher familiar with the school work of the pupil, and, when appropriate, a credentialed school psychologist.

(b) To determine the full range of a pupil's capability, a person recognized as an expert in the gifted and talented category under consideration, and/or an individual who has in-depth understanding of the pupil's linguistic or cultural group shall participate in the evaluation of the evidence unless there is no doubt as to the pupil's eligibility.

(c) These individuals may review screening, identification, and placement data in serial order provided that these individuals shall meet to resolve differences in assessment and recommendations.

(d) This shall not preclude the use of an identification and placement committee.

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52203(a), Education Code.

§ 3830. Minimum Standards for All Types of Programs.

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52200, Education Code.

§ 3831. General Standards.

The following general standards apply to all types of gifted and talented programs:

(a) Unique opportunities for high-achieving and under-achieving pupils who are identified as gifted and talented shall be provided.

(b) Districts shall make provisions for ensuring participation of pupils in the upper range of intellectual ability.

(c) Districts shall make provisions for ensuring full participation of pupils from disadvantaged and varying cultural backgrounds.

(d) The quality of existing programs for gifted and talented pupils shall be maintained and/or improved.

(e) Experimentation with a variety of programmatic approaches and cost levels shall be encouraged.

(f) Written consent of a parent, guardian, or other person having actual custody and control of the pupil shall be on file with the district prior to the pupil's participation in the program.

(g) The district program shall meet the specific needs and requirements, as specified in Education Code Section 52200(c), of gifted and talented pupils. Academic components shall be included in all program offerings.

(h) The district program shall reflect the assessed needs of its identified pupils.

(i) All identified gifted and talented pupils shall have an opportunity to participate in the gifted and talented program.

(j) The district shall develop a written plan for the district program which shall be available for public inspection. The written plan shall describe the appropriately differentiated curricula for identified gifted and talented pupils as well as specify the methods used to examine the appropriateness of the identified pupil's total educational experience including articulation with other specially funded programs which serve gifted and talented pupils. The plan shall include:

(1) The purposes of the program, including the general goals and specific objectives which pupils are expected to achieve;

(2) The rationale for the district's method of identification of gifted and talented pupils;

(3) Where appropriate, procedure for the consideration of the identification and placement of a pupil who was identified as gifted or talented in the district from which the pupil transferred;

(4) The services to be rendered and the activities to be included for pupils participating in special day classes, receiving special services, or participating in special activities for an amount of time as specified in Education Code Section 52206;

(5) Plan for evaluating the various components of the program. Evaluation shall include an annual review of pupil progress and of the administration of the program;

(6) Procedures for modifying the district gifted and talented program on the basis of the annual review;

(7) A staff development plan based upon a needs assessment which includes specification of requisite competencies of teachers and supervisory personnel;

(8) Procedures for ensuring continuous parent participation in recommending policy for planning, evaluating, and implementing the district program;

(9) A procedure to inform parents of a pupil's participation or nonparticipation in the gifted and talented program;

(10) An objective related budget.

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52206, Education Code.

§ 3840. Special Day Classes and Special Services or Activities.

All program options shall be in compliance with applicable state and federal regulations. Programs may consist of:

(a) A "Special Day Class" for gifted and talented pupils consists of one or more classes (as defined in Education Code Section 51016) totaling a minimum school day where each of the one or more classes meets the following requirements:

(1) It is composed of pupils identified as gifted and talented.

(2) It is especially designed to meet the specific academic needs of gifted and talented pupils for enriched or advanced instruction and is appropriately differentiated from other classes in the same subjects in the school.

(3) It is taught by a teacher who has specific preparation, experience, personal attributes, and competencies in the teaching of gifted children.

(b) Part-time Grouping: Pupils attend classes as defined in Education Code Section 51016 or seminars which are organized to provide advanced or enriched subject matter for a part of the school day. These classes are composed of identified gifted and talented pupils.

(c) Enrichment Activities: Pupils remain in their regular classrooms but participate in supplemental educational activities planned to augment their regular educational programs. In these supplemental educational activities, the pupils use advanced materials and/or receive special opportunities from persons other than the regular classroom teacher.

(d) Cluster Grouping: Pupils are grouped within a regular classroom setting and receive appropriately differentiated activities from the regular classroom teacher.

(e) Independent Study: Pupils are provided with additional instructional opportunities through either special tutors or mentors, or through enrollment in correspondence courses specified in Education Code Section 51740 and Section 1633 of this title. These opportunities shall be supervised by a certificated person employed by the pupil's school district.

(f) Acceleration: Pupils are placed in grades or classes more advanced than those of their chronological age group and receive special counseling and/or instruction outside of the regular classroom in order to facilitate their advanced work.

(g) Postsecondary Education Opportunities: High school pupils for a part of the day attend classes conducted by college or community college or participate in College Entrance Examination Board Advanced Placement programs. When needed, the high school shall provide books and supplies.

(h) Services for Underachieving Gifted and Talented Pupils: Pupils receive services designed to assist them in developing basic skills needed to overcome, as soon as possible, their underachievement and to enable them to achieve in their academic classes at levels commensurate with their individual abilities. This shall not preclude their participation in other program options.

(i) Services for Linguistically Diverse, Culturally Divergent and/or Economically Disadvantaged Gifted and Talented Pupils: Pupils receive services designed to assist them to develop their potential to achieve at the high levels commensurate with their abilities. This shall not preclude their participation in other program options.

(j) Other: Pupils participate regularly, on a planned basis, in a special counseling or instructional activity or seminars carried on during or outside of the regular school day for the purpose of benefiting from additional educational opportunities not provided in the regular classroom in which the pupils are enrolled.

(k) Other services or activities approved 90 days in advance by the Superintendent of Public Instruction.

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52206, Education Code.

§ 3841. Contracting for Programs.

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52200, Education Code.

§ 3850. Length of Program.

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52200, Education Code.

§ 3860. Approval of Programs.

School districts shall file applications with the Superintendent of Public Instruction by June 15 of the preceding school year for prior approval of proposed programs for the next school year. The Superintendent of Public Instruction shall submit to the State Board of Education for final approval a list of tentatively approved agencies.

(a) The application shall be accompanied by the written plan for the program described in Section 3831(j) and shall explain how the program will be appropriately differentiated from the regular school program of the district and how it will meet the specific academic needs of the participating gifted and talented pupils.

(b) Approval shall be based upon evidence of compliance with the general standards set forth in Section 3831.

(c) Approval shall be for a period to be determined by the Superintendent of Public Instruction but not to exceed three years with specific programmatic data to be submitted annually. Approval of programs may be renewed upon submission of an application form and written evaluation of the district's or county's gifted and talented program in accordance with Section 3831(j).

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52204, Education Code.

§ 3870. Indirect Cost Expenditures.

The approved indirect cost rate or 3 percent of the state apportionment for the district's gifted and talented program, whichever is the lesser, shall be the maximum amount allowable as indirect costs funded through gifted and talented program monies.

Note: Authority cited: Sections 33031 and 52203, Education Code. Reference: Section 52203(c), Education Code.

Questions: Aileen Allison-Zarea | aallisonzarea@cde.ca.gov | 916-323-5252 
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