Professional Documents
Culture Documents
2014-2015
Gifted Procedures
TABLE OF CONTENTS
GIFTED FOLDER SET UP
GIFTED QUALIFICATIONS
GREW A
GREW B
4
5
6
MEETING NOTICE
DOCUMENTING RECORD OF CONTACT ATTEMPTS
PARENT INPUT SHEET
7
9
10
RELATED SERVICES
11
12
15
EP MEETING
SYNOPSIS OF PROCEDURAL SAFEGUARDS
PROCEDURAL SAFEGUARDS FOR GIFTED
DOCUMENT RELATING TO PARENTAL INPUT AND MEETINGS
16
19
20
28
TRANSFER STUDENTS
29
30
ARTICULATIONS/TRANSITIONS
31
AMENDMENTS TO THE EP
33
34
36
37
38
PROGRESS REPORTS
39
40
45
Gifted Procedures
Gifted Procedures
Gifted Qualifications
Plan A Gifted Qualification:
1.
2.
3.
4.
Student Number:
Student Name:
Current Grade:
School:
Date of Birth:
Points total:
Date:
Instrument:
Results:
Date:
Instrument:
Results:
____ Performs consistently above grade-level expectations in academics; students need is to maximize learning while minimizing boredom and frustration.
2.
____ Displays advanced comprehension and motivation; students need is to engage in challenging curriculum with other students exhibiting higher-level abilities.
3.
____ Learns quickly; students need is to access an individualized curriculum and self-paced instructional materials.
4.
____ Displays higher-level thinking; students need is to apply thinking at increasing levels of complexity.
5.
____ Displays an ability to generate original ideas and solutions; students need is to strengthen skills in problem solving, creative thinking, communication.
6.
____ Exhibits unusual curiosity and varied interests; students need is to be exposed to varied subjects and issues, and to pursue topics in depth.
Eligibility Determination:
Did the student obtain a minimum of 37 points on the Gifted and Talented Checklist?
Yes
No
Did the student obtain a score of 2 or more standard deviations above the mean
on an individual, standardized test of intelligence?
Yes
No
The student meets initial eligibility requirements as per Manatee Countys criteria?
Yes
No
COMMITTEE MEMBERS
Parent:
Parent:
Principal/Designee:
Guidance Counselor:
ESE Administrator/Designee:
School Psychologist:
Other:
Other:
Other:
Gifted Procedures
Check Student Information in PEER. Make it the most current and up to date information based
on FOCUS.
Create Meeting Notice in PEER. Parents must be given 10 days notice prior to a meeting. With
parent approval (in person, by phone or in writing) the meeting may be scheduled in less than
10 days if necessary.
People who must be present:
o Parent
o Student if appropriate (6th grade or at age 14)
o Regular Education Teacher
Middle & High School: teacher in area of strength
The general education teacher may submit written documentation of the students
strengths in lieu of attending the meeting. The form may be found in PEER,
Teacher/Service Provider Input. If a member of the EP team requests additional
information from the general education teacher, that information must be made
available through a conference call with the teacher during the meeting. If that isnt
possible, the meeting must be adjourned and reconvened when the teacher can
attend.
o
o
o
o
o
Gifted Procedures
Second Meeting Notice must be sent via US Mail if there is no reply to the first. If there is a reply
to the first meeting notice, a second one doesnt need to be sent.
Send home Parent Input and a copy of the Gifted Procedural Safeguards with Meeting Notice.
Procedural Safeguards must be sent home with the meeting notice in the parents native
language. Download them from PEER.
Safeguard sources are the teacher of the gifted and the ESE Services at (941) 751-6550
Gifted Procedures
There must be at least two legal contacts attempted before a meeting can take place if the
Parent/Guardian does not respond. A legal contact is:
A meeting may be conducted without a parent in attendance if the district is unable to obtain the
attendance of the parents in the case of updating an EP. An eligibility and initial staffing meeting, a
parent MUST be present. Maintain a record of attempts in PEER to arrange a mutually agreed on time
and place. Print a copy of these attempts to place on the left side of the main gifted file. These records
include such items as:
Detailed records of telephone calls made or attempted and the results of those calls.
Copies of correspondence sent to the parents and any responses received.
Detailed record of visits made to the parents home or place of employment and the results of
those visits. If a parent doesnt respond to the meeting notices after a minimum of 2 legal
contacts have been made, the meeting can proceed without the parent.
If the parent indicates they will attend the meeting on the first notice home, there is no need to send a
second. Keep the notice and put it in the main gifted file on the left side with the finalized EP. Upload it
into PEER as well.
If a parent indicates they will attend the meeting and doesnt show, make an attempt to contact them
via phone and proceed with the meeting. If contact cannot be made, proceed with the EP meeting as
planned. Make note in the conference notes of the EP that the parent indicated they would attend and
then didnt. Finalize the EP and send it home.
If a parent indicates on the notice form to proceed with the meeting without them, then go ahead and
have the meeting, finalize the EP and send it home.
Date:
Dear Parent:
Your input is very important in developing a plan that meets your child's special needs. Please take a few minutes to think about
what makes your child unique, the kinds of services the school has provided that have been helpful, whether or not your child has
made progress, and the goals that you would like your child to reach in the year ahead. We encourage you to make notes and bring
them with you to the IEP/EP/SP team meeting. If you are not able to attend the meeting, you may use this form to provide input to
the team prior to the meeting.
4. Include any additional concerns, helpful information, or questions you may have:
Date:
Signature:
*Submission of this form via e-mail constitutes the equivalent of a signature on the form.
Please attach any additional information you feel might be helpful in meeting your child's educational needs.
Parent Input - IEP/EP/SP
January 2011
Gifted Procedures
Education Plan
Create the EP using PEER. It must be developed within 30 calendar days following the determination of
eligibility.
Initiation Date is the day following the meeting date unless otherwise noted in Prior Written Notice.
Duration will be 3 years less a day from the meeting date for K-8 students or 4 years less a day from the
meeting date for 9-12 students. Check to be sure it doesnt fall on a weekend. Make it the school day
prior. If an EP for a high school student expires in May of his/her senior year and the student is
progressing successfully towards graduation, there is no need to review or revise the EP.
Present levels of Performance must reflect the students strengths and interest. It should be a narrative
that summarizes the students strengths. The general education teachers input must be documented.
Statements about learning characteristics, motivational characteristics, creativity, and leadership are
appropriate. It might involve specific areas of the curriculum where the student is performing well and
the students preferences and interests. The school provides documentation of the students present
levels of performance based on test scores, classroom performance, student products and/or
portfolio. The school personnel could also provide information about the students participation on
teams or in school activities, and role in competitions.
The Need for Special Program can be statements taken from the GREW-A or GREW-B as it relates to the
student.
Goals and Objectives:
Include 2 Goals and 2 Objectives for each goal. Goals and objectives must be measureable. Progress
toward the goal must be sent home at minimum annually (more frequently if you choose).
Gifted Procedures
Specially Designed Instruction should reflect the Gifted Program services being offered.
There is no need to put the number of minutes in the Frequency Section. Just put daily, weekly, or
monthly. If a student is on Consultation the frequency would be monthly. Location can be listed as the
Gifted Resource room. Name of the school is not necessary.
Gifted Procedures
a. The student must be performing above grade level for the past two years on a
locally determined assessment, a statewide assessment or a standardized
assessment in Reading/Language Arts and Mathematics.
b. The student must exceed standards and expectations on the K-2 report card for the
previous year in English/Language Arts, Mathematics, Science and Social Studies.
c. A student in grades 3 5 must score 90% or above on his/her report card in
English/Language Arts, Mathematics, Science and Social Studies for each of the past
two years. The student must score Level 5 on FCAT Reading and Mathematics. The
student cannot skip third grade as a result of whole-grade promotion.
d. The student must meet the acceleration criteria on the Iowa Acceleration Scale.
e. The student must be recommended by the classroom teacher and the guidance
counselor.
f. All whole-grade promotions must be approved by the School Principal and entered
appropriately in the student information system.
Mid-Year Promotion: An elementary student must meet all of the following criteria to be
eligible for mid-year promotion:
a.
b.
c.
The student must be performing above grade level for the past two years on a locally
determined assessment, a statewide assessment or a standardized assessment in
Reading/Language Arts and Mathematics.
The student must exceed standards and expectations on the K-2 report card for the
previous year in English/Language Arts, Mathematics, Science and Social Studies.
A student in grades 3 5 must score 90% or above on his/her report card in
English/Language Arts, Mathematics, Science and Social Studies for each of the past
two years. The student must score Level 5 on FCAT Reading and Mathematics.
Subject-Matter Acceleration:
An elementary student is eligible for subject-matter acceleration when the student has mastered the
subject standards in the prerequisite grade level course. The student must be recommended by the
classroom teacher and the school principal based on achievement of the learning targets and standards.
Middle School
Whole-Grade Promotion: A middle school student must meet all of the following criteria to be
eligible for whole-grade promotion:
a. The student must be performing above grade level for the past two years on a locally
determined assessment, a statewide assessment or a standardized assessment in
Reading/Language Arts and Mathematics. The student must score a Level 5 on FCAT
Reading and Mathematics.
b. The student must have a minimum of a 3.5 unweighted grade point average in each
core class of Language Arts, Mathematics, Science, and Social Studies for the past two
years.
Gifted Procedures
c. The student must meet the promotion criteria for the 6th and 7th grades to qualify for
whole-grade promotion to the 8th grade. The student must meet the promotion criteria
for 8th grade to qualify for whole-grade promotion to the 9th grade.
d. All whole-grade promotions must be approved by the School Principal and entered
appropriately in the student information system.
e. A student cannot skip 6th grade.
Mid-Year Promotion: A middle school student must meet all of the following criteria to be
eligible for mid-year promotion:
a. The student must meet the promotion criteria for his/her current grade level. The
student must complete all of the four core (Language Arts, Mathematics, Science, and
Social Studies) with a 3.5 average in each course for the current grade level to be
promoted mid-year to the next grade level. Reading does not qualify as one of the
language Arts courses.
b. The student must meet the course requirements for each content area in order to be
promoted mid-year. (ie. Student cannot be promoted into the middle of a course where
the prerequisites have not been met-moving into the middle of Language Arts, Algebra
1, etc.)
c. The student must be recommended by at least three of the core subject area classroom
teachers and the guidance counselor.
d. All mid-year promotions must be approved by the School Principal.
Subject Matter Acceleration: A middle school student is eligible for subject matter acceleration when the
student has met the prerequisite course requirements for that content area.
High School
Whole-Grade Promotion: Whole-Grade promotion is an option for any eligible student who
plans to graduate in three years. A high school student must meet the district promotion criteria to be
eligible and qualify for whole-grade promotion.
Students who plan to graduate in three years will be promoted to 12th grade after the first
semester of their third year in high school. Students who have a signed contract for one of the 3-year/18
credit diploma options or who are on track to earn the required 24 credits and plan to graduate at the
end of their third year of high school are eligible for this promotion.
Subject Matter Acceleration: A high school student is eligible for subject-matter acceleration
when the student has met the prerequisite course requirements for that content area.
Gifted Procedures
Related Services: Occupational Therapy, Physical Therapy and Counseling Services
Related services would be services a student needs in order to accomplish their gifted goals. Related
services may include: Occupational Therapy, Physical Therapy, and Counseling. It is a very rare occasion
that a gifted student will require OT/PT in order to support the gifted goals. This student will have an EP
NOT an IEP. OT/PT or counseling services will be documented on the Related Services page of the EP.
On rare occasions a gifted student might need OT/PT to achieve his/her gifted goals. If an EP team
decides OT/PT is necessary to achieve gifted goals, a referral through the correct program must be done.
An evaluation would have to take place before it could be added to an EP.
A gifted student may qualify for Counseling as a related service. Contact the guidance counselor, Social
Worker or School Psychologist to obtain the correct information and forms.
The OT/PT therapist must have therapy/treatment goals for the student. There must be a Plan of
Treatment. A copy must be placed in the main gifted file. It should be uploaded into PEER as well. The
therapist must complete therapy treatment notes and attendance. Progress notes must be completed
by the service provider, sent home and placed in the main gifted file on the right side in January and
June.
Plan of Treatment and goals must still be reviewed yearly. The EP team must meet to review the plan
and amend the EP with additional information concerning progress toward the goals. OT/PT providers
must complete the Consideration for Educationally Relevant Therapy (CERT) just as they do with ESE
students. Present level statements must be updated with new information. Services may be adjusted at
this time and noted on the EP. Students in the Gifted Program with an EP that has OT/PT as a related
service can receive classroom accommodations, but not testing accommodations.
Meeting Participants Form should be filled in prior to the meeting and printed. At the conclusion of the
meeting the form should be signed and dated only by all in attendance. This form must be uploaded in
PEER. A copy should be sent home with the parents. The original should be put behind the EP on the left
side of the gifted main file.
Print a draft copy of the EP for use at the meeting.
Conference Notes should be completed during the meeting to reflect the discussion during the meeting.
This should paint an accurate picture of what was discussed beyond the EP. Things that should be
included in the conference notes if they take place during the meeting:
Gifted Procedures
Accessibility: The EP must be made accessible to each of the students teachers who are responsible for
implementation. Each teacher must be informed of the specific responsibilities relating to the
implementation of the EP.
The EP Meeting
Prior to the EP meeting, have all of the necessary forms printed and ready. This might include:
1. Procedural Safeguards: just in case there are any questions or parents didnt receive
a copy. (PEER)
2. Consent for Placement if this is an eligibility meeting MOODLE at
http://moodle2.manateeschools.net/mod/glossary/view.php?id=10321 key word
Consent. (Form # MIS 41-00926)
3. Document Relating to Parental Input and Meetings (Non-Coercion form) MOODLE at
http://moodle2.manateeschools.net/mod/glossary/view.php?id=10321 Key word
Parent input
4. Meeting Participants signature page (PEER)
5. Draft EP (PEER)
6. Prior Written Notice if services are changing significantly (PEER)
The purpose of an EP meeting is to develop the gifted students Educational Plan for the next 3
years for students in K-8 and 4 years for students in 9-12.
At an initial placement meeting, the teacher of the gifted must explain the Procedural
Safeguards to the parents (see the summary of Procedural Safeguards as a suggestion). At
subsequent meetings it is acceptable to ask if there are any questions or if any explanation is
needed of the Procedural Safeguards. Be sure that the question and response is documented in
the Conference Notes.
Focus on students strengths, the desires of the parents, and the goals of the EP.
Go through each part of the EP with the parent and explain what it says. Explain the goals and
the time frame the EP covers.
Use parent input and teacher input about the students strengths to revise goals and objectives
during this time to truly reflect what each student needs from the gifted program.
Record conference notes to accurately portray what is said at the conference. Reread the
conference notes before finalizing the EP to remind all parties what has been shared at the
meeting. * If possible have another school employee type the conference notes if the teacher
of the gifted is the facilitator of the meeting.
Get appropriate paperwork signed prior to the end of the meeting:
o At the conclusion of the meeting, have everyone sign the Meeting Participants page,
Consent for Placement if applicable, and the Non-Coercion form.
o If an initial evaluation or reevaluation for OT/PT must be done, have parents sign the
Informed Notice and Consent for Evaluation/Reevaluation form
Finalize the EP at the meeting.
Gifted Procedures
Send home a copy of the finalized EP and all other pages signed during the meeting with the
parents at the conclusion of the meeting. All forms not in PEER or requiring signatures must be
uploaded into the students file. This should take place by the end of the day.
This meeting is not a parent conference for the teacher to share frustrations or issues in the classroom.
Remember ALL the people at the meeting are considered the students EP team. As the facilitator, it is
your responsibility to try to maintain the idea of TEAM planning for the best interest of the student.
Meeting Protocol
The EP committee and /or any member should not recommend outside fee based services such
as counseling, medical exams, tutoring, additional evaluation, medication, private therapies, etc.
because the School Board can be held responsible for the costs of these services.
Parents do have a right to request additional evaluations.
The EP committee and/or any member may not refer to a student as having a medical diagnosis
unless the diagnosis is documented by a physician in the students records (i. e. ADD, Bi-Polar,
Diabetes, etc.)
If school staff suspects a student has a medical diagnosis, they can describe symptoms and/or
characteristics that are displayed in school and are impeding the students learning, but the
parent must always be advised to consult appropriate medical personnel if the parent wishes to
address a medical diagnosis.
Confidentiality must be observed.
o Documents and electronic records that contain student information should only be viewed
and discussed by School District employees who have an educational need to know.
o Parents will receive a copy of any and all reports at the EP meeting.
o Reports in the cumulative file may be reviewed by professionals working with the child, but
may not be copied.
Gifted Procedures
Gifted Procedures
Synopsis of Procedural Safeguards for Gifted Students
Section 1: Prior Notice
Notice must be given to parents within a reasonable time before the school district proposes or refuses
any action (initiation or change) to the identification, evaluation or placement of a student in a language
commonly used by the parent. The notice must inform parents of the descriptions of the action, the
evaluation procedure, any other relevant factors and how parents can obtain procedural safeguards.
Section 2: Content and Provision of the Procedural Safeguards
Parents must be provided a copy of the procedural safeguards and when it must be made available,
initial referral for evaluation, refusal of a parents request for initial evaluation, notification of EP
meetings, and upon receipt of a request for a due process hearing.
Section 3: Informed Parental Consent
Parents must be fully informed of all information relating to the consent being sought in their native
language or other form of communication. It also states written consent must be obtained before initial
evaluations and before services are provided to gifted students. Documentation of the attempt to
obtain consent is mandatory. Parents may withdraw their consent at any time. It also explains when
consent is not necessary.
Section 4: Parents Opportunity to Examine Records and Participate in Meeting
Parents or representatives of the parent have the right to review and inspect their childs educational
records and be part of EP meetings.
Section 5: Evaluations Obtained at Private Expense
Parents may use evaluations obtained independently at private expense in any decision made to
determine eligibility for exceptional student education services if they meet certain requirements. If
requested by a judge an independent evaluation may be done and paid for at the public expense.
Section 6: State Complaint Procedures
There are state complaint procedures a parent can follow to resolve allegations a school district has
violated state requirements of a gifted student. The procedures includes an independent on-site
investigation if necessary, gives the complainant a chance to submit additional information, reviews all
relevant information, issues a written decision following protocols, and can extend the 90 days if
necessary.
Section 7: Due Process Hearings
Due Process Hearings may resolve matters related to the identification, evaluation, or placement of a
student or the provision of FAPE. The hearing may be initiated by the parent or the school district and
will be conducted by an administrative law judge from the Department of Administrative Hearings,
Department of Management Services. During that time the student must remain in the present
educational assignment unless both parents and school district agree otherwise. Hearing rights are
detailed in this section. Anyone involved in the hearing has a right to be represented by counsel or a
qualified representative. Each party has the right to present evidence and cross examine witnesses. All
parties have a right to verbatim record of the hearing and all findings. Parents may have their child
present at the hearing and have it open to the public. It also lists the duties and responsibilities of the
superintendent or designee and the Department of Education. The decision made at the hearing is final
unless within thirty days a party decides to bring civil action in state court.
5. Extend the time limit established in paragraph (6)(a) of this rule if exceptional circumstances
exist with respect to a particular complaint.
(b) Procedures for the effective implementation of the Department of Education's final
decision include the following:
1. Technical assistance activities;
2. Negotiations; and,
3. Corrective actions to achieve compliance.
(c) Relationship to due process hearings.
1. If a written complaint is received that is also the subject of a due process hearing requested
pursuant to subsection (7) of this rule, or the complaint contains multiple issues, of which
one or more are part of that hearing, the Department of Education shall set aside any part of
the complaint that is being addressed in the due process hearing until the conclusion of the
hearing. However, any issue in the complaint that is not a part of the due process action
must be resolved in compliance with the procedures described in subsection (6) of this rule.
2. If an issue is raised in a complaint filed under this subsection that has previously been
decided in a due process hearing involving the same parties, the administrative law judge's
decision is binding and the Department of Education shall inform the complainant to that
effect.
3. The Department of Education shall resolve any complaint that alleges that a school district
has failed to implement a due process hearing decision.
(7) Due process hearings. Due process hearings shall be available to parents of students who
are gifted and to school districts to resolve matters related to the identification, evaluation, or
educational placement of the student or the provision of a free appropriate public education.
(a) Such hearings may be initiated by a parent or a school district on the proposal or refusal to
initiate or change the identification, evaluation, or educational placement of the student or the
provision of a free appropriate public education to the student.
(b) A hearing shall be conducted by an administrative law judge from the Division of
Administrative Hearings, Department of Management Services, on behalf of the Department of
Education.
(c) An administrative law judge (ALJ) shall use subsection (7) of this rule for any such hearings
and shall conduct such hearings in accordance with the Uniform Rules for Administrative
Proceedings, Chapter 28-106, F.A.C., as deemed appropriate by the ALJ including, but not
limited to: the authority of a party to request a pre-hearing conference, the authority of the ALJ
to issue subpoenas to compel the attendance of witnesses and the production of records, and
the authority of the ALJ to issue summary rulings in absence of a disputed issue of material fact.
(d) Status of student during proceedings.
1. During the time that an administrative or subsequent judicial proceeding regarding a due
process hearing is pending, unless the district and the parent of the student agree
otherwise, the student involved in the proceeding must remain in the present educational
assignment. If the proceeding involves an application for an initial admission to public
school, the student, with the consent of the parent, must be placed in a public school
program until the completion of all proceedings.
2. If the administrative law judge agrees with the parent and finds that a change of placement
is appropriate, that placement becomes the agreed-upon placement during the pendency of
the appeal.
(e) Hearing rights for all parties.
1. Any party to a hearing conducted pursuant to subsection (7) of this rule has the right:
a. To be represented by counsel or to be represented by a qualified representative under the
qualifications and standards set forth in Rules 28-106.106 and 28-106.107, F.A.C., or to be
accompanied and advised by individuals with special knowledge or training with respect to
the problems of students who are gifted, or any combination of the above;
b. To present evidence, and to confront, cross-examine, and compel the attendance of
witnesses;
c. To prohibit the introduction of any evidence at the hearing that has not been disclosed to
that party at least five (5) business days before the hearing;
d. To obtain written, or at the option of the parents, electronic, verbatim record of the hearing at
no cost to the parents; and
e. To obtain written, or at the option of the parents, electronic findings of fact and decisions at
no cost to the parents.
2. Additional disclosure of information.
a. At least five (5) business days prior to a hearing conducted pursuant to subsection (7) of this
rule, each party shall disclose to all other parties all evaluations completed by that date and
recommendations based on the offering party's evaluations that the party intends to use at
the hearing.
b. An administrative law judge may bar any party that fails to comply with subparagraph
(7)(e)2. of this rule from introducing the relevant evaluation or recommendation at the
hearing without the consent of the other party.
(f) Parental rights at hearings. Parents involved in hearings must be given, in addition to the
rights described in paragraph (7)(e) of this rule, the right to:
1. Have their child who is the subject of the hearing present; and
2. Open the hearing to the public.
(g) Duties and responsibilities of the superintendent or designee shall include:
1. Implementing procedures that require the parent of a child who is gifted, or the attorney
representing the child, to provide notice to the school district. The notice required, which
must remain confidential, must include: the name of the child; the address of the residence
of the child; the name of the school the child is attending; a description of the nature of the
problem relating to the proposed or refused initiation or change, including facts relating to
the problem; and, a proposed resolution of the problem to the extent known and available to
the parents at the time. However, the school district may not deny or delay a parent's right to
a due process hearing for failure to provide this notice.
2. Immediately forwarding the Division of Administrative Hearings by facsimile transmission of
the parent's request for a hearing upon its receipt;
3. Notifying all parties regarding their rights and responsibilities before, during, and after the
hearing. This notice should include information to the parent of any free or low cost legal
and other relevant services, which are available, if the parent requests this information or if
the parent or school district initiates a hearing.
4. Determining whether an interpreter is needed and arranging for the interpreter as required;
5. Complying with the administrative law judge's rulings regarding requests for and exchanges
of evidence; discovery; the filing of motions and, scheduling, so as to meet the requirements
of this rule, and the deadlines established herein.
6. Arranging for the provision and payment of clerical assistance, the hearing, use of facilities,
and a verbatim transcript of the hearing;
7. Completing other responsibilities specified by the school board.
(h) Duties and responsibilities of the Department of Education shall include:
1. Maintaining a list of persons who serve as administrative law judges including a statement of
the qualifications of each of these persons; and,
2. Maintaining an index of the final orders of such hearings and providing this information to
the public upon request.
(i) Duties and responsibilities of an administrative law judge shall be:
1. To establish the date, time, and location of the hearing and any pre-hearing conference calls
and motion hearings. Each hearing involving oral arguments must be conducted at a time
and place that is reasonably convenient to the parents and their child;
2. To conduct the hearing in a fair and impartial manner;
3. To ensure that all discovery, motion practice, and pre-hearing procedures are conducted in
an expedited manner, consistent with the deadlines established by this rule concerning the
exchange of evidence and the issuance of the final decision.
4. To determine if the parent wants an electronic or written copy of the final decision and the
administrative record of the hearing;
5. To determine whether the parent wants the hearing open to the public and whether the
parent wants their child to attend the hearing;
6. To determine whether the parent's advisor or representative is sufficiently knowledgeable
about or trained regarding students who are gifted;
7. To determine how evidence may be exchanged prior to and during the hearing;
8. To determine how witnesses may be compelled to attend, be cross-examined, and
confronted during discovery and at the hearing;
9. To determine how evaluations and recommendations may be disclosed prior to and during a
hearing;
10. To summarize the facts and findings of the case and to arrive at an impartial decision based
solely on information presented during the hearing;
11. To reach a final decision and mail to all parties copies of the facts, findings and decision
regarding the hearing within forty-five (45) days of the district's receipt of the parent's
request or the filing of the district's request for a hearing, whichever is sooner;
12. To be accountable for compliance with all deadlines and procedures established by the
statutes and rules for such hearings;
13. To maintain the confidentiality of all information; and
14. To rule on requests for specific extensions of time beyond the periods set forth in subsection
(7) of this rule, at the request of either party.
(j) Civil action. A decision made in a hearing conducted under subsection (7) of this rule shall
be final, unless, within thirty (30) days, a party aggrieved by the decision brings a civil action in
state circuit court without regard to the amount in controversy, as provided in Section
1003.57(5), F.S. The state circuit court shall: receive the records of the administrative
proceedings; hear, as appropriate, additional evidence at the request of a party; and, basing its
decision on the preponderance of the evidence, shall grant the relief it determines appropriate.
In the alternative, any party aggrieved by the administrative law judge's decision shall have the
right to request an impartial review by the appropriate district court of appeal as provided by
Sections 120.68 and 1003.57(5), F.S.
This pamphlet helps parents of children in Floridas school districts understand the rights that
go along with programs for students who are gifted. It summarizes federal and state laws on
how your rights must be protected relating to notice, consent, independent educational
evaluation, records, hearings, and appeals. These procedural safeguards apply for children
who are gifted.
Appendix B
School District Name
Document Relating to Parental Input and Meetings
Student Name: ___________________________________________________
Student ID#: _____________________________________________________
Meeting Date: ____________________________________________________
Type of Meeting: _________________________________________________
Dear Parent, Surrogate Parent, Guardian or Adult Student:
Today a ____ [insert type of meeting] _________________ was held regarding your child, or on your behalf
if you are an adult student.
Section 1002.20, Florida Statutes, K-12 student and parent rights, has been changed to state that school
district personnel may not, through any actions taken or statements made, object, discourage or attempt to
discourage the attendance of an adult of the parents choice at meetings with school district personnel.
Actions that are prohibited include attempted or actual coercion or harassment, or retaliation or threats of
consequence.
At the conclusion of a meeting with school district personnel, parents and school district personnel must be
asked to sign a form that documents whether school district personnel have prohibited, discouraged or
attempted to discourage you from inviting a person of choice to the meeting.
Parents, surrogate parents, guardians or adult student attending todays meeting Please complete
the following:
___ School personnel have not prohibited, discouraged or attempted to discourage me from inviting a person of
my choice to todays meeting.
___School personnel have prohibited, discouraged or attempted to discourage me from inviting a person of my
choice to todays meeting.
Signature _____________________________________________________Date _______________
School district personnel attending todays meeting Please complete the following:
___School personnel have not prohibited, discouraged or attempted to discourage the parent, surrogate parent,
guardian or adult student from inviting a person of choice to todays meeting.
____________________________________________________________________________________________
____________________________________________________________________________________________
________________________________________________________________________Date ____________
___School personnel have prohibited, discouraged or attempted to discourage the parent, surrogate parent,
guardian or adult student from inviting a person of choice to todays meeting.
Signature(s) of all district personnel in attendance
____________________________________________________________________________________________
____________________________________________________________________________________________
_____________________________________________________________________Date _______________
Gifted Procedures
Transfer Students
In State Transfers:
A gifted student who is transferring from one Florida public school district to another who has a current
EP must be provided a Free Appropriate Public Education (FAPE) which includes services comparable to
those described in the students EP from the previous Florida school district, until Manatee County does
one of the following;
a. Adopts the childs EP from the previous school district. Review and revise the EP as
determined necessary based on the current needs of the student.
b. Develops, adopts and implements a new EP that meets the requirements of Manatee
County School Policy.
Both of these require the teacher of the gifted call an EP meeting with the appropriate people to make
any change to the EP.
Out of State Transfers
A gifted student who is transferring from another state who has a current EP must be provided FAPE
which includes services comparable to those described in the students EP from the previous school
district until Manatee County does both of the following:
a. Conducts an initial evaluation or determines an evaluation is not necessary because there is
a valid measurement of IQ from the previous state. Consent for evaluation must be signed
by the parent prior to this happening.
b. Providing the evaluation reflects the requirements of the school district, a new EP will be
developed with Consent for Placement that meets the requirements of Manatee. If the
evaluation doesnt reflect the requirements of Manatee County Schools policy, the student
does not continue to receive gifted services.
Military Children
Changing schools can be an ordeal for military families and military children. Education curriculum and
education requirements can vary tremendously between states and between school districts. The 2008
Legislature created a section in Florida Statue authorizing the Governor to execute the Compact, and the
rules became effective January 1, 2010, and were reauthorized May 11, 2010.
The Compact assures that the receiving state school shall initially honor placement of the student in
educational programs based on current educational assessments conducted at the school in the sending
state or participation/placement in like programs in the sending state. Such programs include (but are
not limited to) gifted/talented programs and English as a second language (ESL). The receiving school
may perform subsequent evaluations to ensure appropriate placement and continued enrollment of the
student.
An EP would be created for the student upon arrival at school.
Gifted Procedures
Prior Written Notice
Prior written notice must be provided once the school district has reached a final decision regarding a
proposed change to a students eligibility, placement or the provision of Free Appropriate Public
Education. Written notice must be provided. The written notice form should be shared, discussed,
finalized and given at the time of the meeting if the parents attend. It must not be finalized prior to the
EP meeting. This leaves the District vulnerable to a claim of predetermination.
If the parent does not attend, the notice must be sent to the parent, along with copies of any other
documents generated at the meeting. Changes to placement must not be made for 10 days after the
meeting. This could change the initiation date on the services section. This gives parents time to
question the change. Make note on the EP Conference notes and change the initiation date on the EP to
reflect the 10 days.
Typically this is best answered in positive terms. If a student is going from direct services to consultation,
the question can be answered by stating the students needs will be meet through advanced
coursework, honors classes, the IB program, AP classes, or Dual Enrollment (both middle to high or high
to college).
Gifted Electives could be considered here but rejected because it might prevent the student from taking
more in depth coursework they might be interested in.
This would include data from the teachers, report card grades, Benchmark assessments, EOC exams or
any other test data that indicates the student is performing above average.
Gifted Procedures
Articulations/Transitions-when a student changes school placement (elementary to middle,
middle to high)
All articulations must be done as individual meetings and must be done by the sending school. The
teachers at the sending schools are the ones who know the students best and can create goals with the
student in mind. Meetings can begin in February and continue through the end of the year.
Students EPs should be written to reflect the program offerings of the school they will be attending.
Unless a student has received a letter granting school choice, the student will be articulated to his/her
intended home school.
SENDING SCHOOLS RESPONSIBILITIES
1. Sending schools must hold individual articulation meetings for outgoing 5th and outgoing 8th
graders.
2. Inform the Gifted contact at the receiving school with meeting dates and times. There should be
a representative from the receiving school at each meeting. This could be the gifted contact, the
ESE Department Chairperson, or a guidance counselor.
3. All Educational Plans should be done on PEER during this meeting.
If a students EP is already in PEER and is not due for a Triennial Review an Amendment may be
done to the Services page. The goals may stay the same if they are still appropriate.
4. To document the difference in instruction models between the sending school and the receiving
school see the example below.
On the Specially Designed Instruction Page document both services with the correct
dates. There may not be a lapse in instruction.
5. Prior Written Notice must be completed when a significant change of services occur, i.e. when
changing services from Differentiated Curriculum to Consultation. It must not be finalized prior
to the EP meeting. This leaves the District vulnerable to a claim of predetermination. A draft
may be created and discussed at the meeting. It must be given to the parents, and a copy must
be put in the gifted main file.
Gifted Procedures
6. Place the EP on the left side of the gifted folder with signed notice of meeting, meeting notice
comments from PEER, and Teacher input form if applicable.
7. Complete Registrars form with new dates on the EP and give to Registrar to update FOCUS.
Keep a copy of this form in the gifted file for future reference.
8. Send home a copy of the EP to parents.
9. EP folders will be placed IN CUM FOLDERS to be forwarded at the end of the school year. If at all
possible EP folders should be yellow.
RECEIVING SCHOOLS RESPONSIBILITIES
Send a representative to all articulation meetings to provide information and answer questions
about program offerings and class choices. This may be the gifted contact, the ESE Chairperson,
guidance counselor, assistant principal or the principal. It is to be determined by the receiving schools
administration.
Create a list of incoming students and begin monitoring EP Goals at the beginning of the school
year.
Gifted Procedures
Amendments to the EP
If changes need to be made to the EP prior to the 3 year date an amendment can be done. An
amendment keeps the dates of the EP the same but shows the changes being made to goals or services.
This includes any related services a gifted student is receiving. It would be considered the most recent
and up to date EP available. Amendments can be made to EPs for a variety of reasons, i.e. parent
request, student meets goals, student isnt making appropriate progress toward goals, services added,
changed or taken away. Prior Written Notice (PWN) must be complete if significant changes in services
occur.
Once the amended plan is open, changes can be made to any part of it. The original dates of the plan
do not change when an amendment is done.
If an amendment is going to be made, parents must be informed and invited to a meeting. It is the EPs
teams decision to amend the EP.
Any changes made to the EP must be copied and sent home to the parent. The amended EP must be
printed and put in the main gifted file as the newest EP on record. The amended date must also be
reported to the registrar for entry into FOCUS.
Gifted Procedures
Twice Exceptional: Adding Gifted Services to an IEP
Students who have an ESE exceptionality have an Individualized Educational Plan. If the student also
qualifies for Gifted Services, this may be added directly to the IEP. The Teacher of the Gifted becomes a
member of the IEP team and should be present at all meetings No EP should be created. The Teacher of
the Gifted is not the case manager of a twice exceptional student. A working gifted file with the current
IEP may be created by the teacher of the gifted to refer to as needed.
Gifted Procedures
Present Levels, Goals and Objectives
Add a new goal for Curriculum and Learning Environment. On an IEP it is only necessary to write one
year long goal. The IEP will be updated annually as will the gifted goals. Add the goal the same way as an
EP goal.
Matrix
Gifted services are NOT part of the matrix. If gifted is the only area that has Curriculum and Learning
goals, the matrix is marked as a Level 1 in that domain.
Gifted Procedures
Consent for Educational Placement in the Gifted Program
When a student is declared eligible for gifted and the team signs off on the GREW A or GREW B, the
teacher of the gifted has 30 school days to schedule the initial EP meeting. At the initial EP meeting, the
draft EP is presented and explained to the parent. Services are described in detail. The parent must sign
Consent for Educational Placement form located on the MOODLE at
http://moodle2.manateeschools.net/mod/glossary/view.php?id=10321 keyword Consent, (Form #MIS
41-00926) before the EP is finalized.
If the parent checks Yes and gives consent, proceed with finalizing the EP.
If the parent checks No, I do not consent to the proposed educational placement in the Gifted
Program, the meeting is over and nothing further needs to be done.
Be sure to report all dates and information to the registrar.
The parent/guardians request must be in writing. A report of conference does not serve as the
parents written request.
A meeting must be scheduled with the parent. Included in that meeting must be the Gifted
Program Specialists or an ESE Specialist.
Prior Written Notice must be provided
Parent must be informed of the educational implications upon removing the
student from services.
The Review of Eligibility and Consent for Placement form found on the Moodle
at http://moodle2.manateeschools.net/mod/glossary/view.php form MIS 4100405 must also be completed.
It includes dismissal from ALL services and accommodations. There may be no delay in cessation
of services by the District.
The District is not required to amend the students educational record to remove any references
to previous services.
The Registrar must be notified of all dates on the Registrar form within 24 hours.
Grade:
School:
Student:
Grade:
Parent/Legal Guardian:
Address:
Principal/Designee:
ESE Administrator/Designee:
ESE Teacher:
Parent:
Other:
Date of Birth:
Language:
Sex:
Phone:
Date:
(Home)
(Cell)
COMMITTEE MEMBERS
Guidance Counselor:
Evaluation Specialist:
Regular Education Teacher:
Speech/Language Pathologist:
Other:
ELIGIBILITY RECOMMENDATIONS
The Child Study Team/IEP committee, which reviewed educational information about this student met on
educational services to meet your childs needs.
The Following records/evaluations were reviewed :
to consider
Revision Date
Gifted Procedures
Progress Reports
Progress must be reported annually to parents of gifted students. Progress reports can be generated in
PEER.
If the student does not have an EP in PEER, progress reports may be created by the teacher of gifted.
Progress towards the gifted goals created for the student must be reported.
One copy is sent home for the parents. Another copy is filed in the main gifted file for the student on the
left hand side.
Gifted Procedures
Indirect Services: Consultation and Consultation Logs
Consultation is an indirect service recognized by the state of Florida as an acceptable way to providing
services to high school students only. There will be rare occasions when gifted students needs are being
met in an elementary or middle school general education classroom. Consultation may be used on rare
occasions for these students as well.
Consultation logs must be kept on each individual student for reporting the results of a face to face
meeting between the teacher of the gifted and the general education teacher. Discuss should focus on
the students strengths and progress being made toward the gifted goals and must be done at minimum
monthly.
The consultation logs should be placed on the right hand side of the main gifted file in January and June.
If there is an EP meeting scheduled between those times, consultation logs must be brought up to date
prior to the meeting. These should also be uploaded into PEER as they are completed.
There are a variety of different consultation logs. Choose one or create your own.
School Year:
School Name:
Student Name:
Student Number:
See Student Schedule for classes
General Ed Teacher(s) _______________
SERVICE OPTIONS CODES: A U are referenced at the bottom of form.
Date of Consultation
Other
Date of Consultation
Other
Date of Consultation
Other
Codes:
A -Environmental Consideration: (seating, lighting, sounds, fans, etc.)
B -Transitional Considerations (class to class, before, after)
C -Organizational Strategies (agenda, color code, sticky notes, HW hotline)
D -Consideration of student interests/ learning styles
E -Sensory Considerations (identify if any)
F -Opportunity to (cool down, problem-solve, do over, make choices)
G -Intro to pertinent staff /offices (nurse, administrator, counselor)
H -Behavior Management (Strategies, Support, Plan, Contract)
I - Distractibility strategies: (private signals, small breaks, etc.)
J - Impulsivity Strategies: (coaching, humor, preserve dignity, harness energy)
K- Hyperactivity Strategies: (movement incorporated in lessons / stretch break)
Plan Date
Gifted Procedures
Reporting Information to Registrars
ESE Data Input Sheet
This is the sheet that will be given to registrars to report the correct dates in FOCUS once a student has
been made eligible, has an initial EP meeting, has a review, or any change of status that needs to be
reported in FOCUS. It may be printed or sent electronically, according to the preference of the registrar.
Demographics
Fill in this information every time you give this to your registrar.
Initial Eligibility
This section is ONLY for the initial EP meeting when Consent for Placement is signed. Choose a
placement status from the drop down menu. Placed or Transferred and Placed are the choices. Check
the GREW A or GREW B for the appropriate dates for this section.
1. Consent/Referral Date is the date the parent signed Consent for Evaluation.
2. Eligibility Date is the date the Committee Members determined the student as eligible for
Gifted. Many times it is the same date as the first EP meeting.
3. Date Placed is the date the student begins Gifted Services.
4. Plan Date is the date on the EP, the meeting date.
5. Primary Disability or Gifted: Choose Gifted from the drop down menu.
6. If the student receives related services, choose the appropriate service under Other Eligibility
Areas.
7. If the student is Twice Exceptional, gifted will be Other Eligibility Area
Gifted Procedures
Annual IEP/EP/Reevaluation Meeting
This section is for EP meetings that occur after the initial on the 3 year or 4 year time frame. The only
date that is needed here is the Plan Date.
Services
This section indicates the information from the gifted program the student will be attending. The
information is necessary for the registrar to add to the students schedule.
Dismissal/Discontinuation
This section is used only if the parent revokes consent for gifted services.
Provided to Registrar
Student Name:
Birth Date:
Date:
Student Number:
Grade:
Consent/Referral Date:
Initial Eligibility:
Evaluation Date:
Consent/Referral Date:
Eligibility Date:
Ineligible Date:
Date Placed:
Plan Date:
Environmental Code:
Reevaluation Date:
Matrix/FEFP: Score
Environmental Code:
Statewide Assessments:
FSA: N/A due to Age or EOC:
FL Grade
Alt Assessment: N/A due to Age or Grade
GradeN/A due to Age or
Accommodation Areas for Assessments: Presentation Responding Scheduling Setting Other Assistive
Devices Paper-based Presentation Computer-based Presentation
Unique Accommodations: Pick One
Building/RM
Program
Minutes Per
Week
MC 41-01080
Service
Provider
Monday
Tuesday
Wednesday
Thursday
Friday