25 CFR 39 Subpart B Indian School Equalization Formula (cont)

§ 39.116

25 CFR Ch. I (4–1–07 Edition)

(1) A teacher or other school staff;
(2) Another student;
(3) A community member;
(4) A parent or legal guardian; or
(5) The student himself or herself.
(b) Students can be nominated based
on information regarding the student’s
abilities from any of the following
sources:
(1) Collections of work;
(2) Audio/visual tapes;
(3) School grades;
(4) Judgment of work by qualified individuals knowledgeable about the student’s performances (e.g., artists, musicians, poets, historians, etc.);
(5) Interviews or observations; or
(6) Information from other sources.
(c) The school must have written parental consent to collect documentation of gifts and talents under paragraph (b) of this section.

cprice-sewell on PROD1PC66 with CFR

§ 39.116 How does a school determine
who receives gifted and talented
services?
(a) To determine who receives gifted
and talented funding, the school must
use qualified professionals to perform a
multi-disciplinary assessment. The assessment may include the examination
of work samples or performance appropriate to the area under consideration.
The school must have the parent or
guardian’s written permission to conduct individual assessments or evaluations. Assessments under this section
must meet the following standards:
(1) The assessment must use assessment instruments specified in § 39.114
for each of the five criteria for which
the student is nominated;
(2) If the assessment uses a multi-criteria evaluation, that evaluation must
be an unbiased evaluation based on student needs and abilities;
(3) Indicators for visual and performing arts and leadership may be determined based on national, regional,
or local criteria; and
(4) The assessment may use student
portfolios.
(b) A multi-disciplinary team will review the assessment results to determine eligibility for gifted and talented
services. The purpose of the team is to
determine eligibility and placement to
receive gifted and talented services.

(1) Team members may include nominator, classroom teacher, qualified professional who conducted the assessment, local experts as needed, and
other appropriate personnel such as the
principal and/or a counselor.
(2) A minimum of three team members is required to determine eligibility.
(3) The team will design a specific
education plan to provide gifted and
talented services related in the areas
identified.
§ 39.117 How does a school provide
gifted and talented services for a
student?
Gifted and talented services are provided through or under the supervision
of highly qualified professional teachers. To provide gifted and talented
services for a student, a school must
take the steps in this section.
(a) The multi-disciplinary team
formed under § 39.116(b) will sign a
statement of agreement for placement
of services based on documentation reviewed.
(b) The student’s parent or guardian
must give written permission for the
student to participate.
(c) The school must develop a specific
education plan that contains:
(1) The date of placement;
(2) The date services will begin;
(3) The criterion from § 39.114 for
which the student is receiving services
and the student’s performance level;
(4) Measurable goals and objectives;
and
(5) A list of staff responsible for each
service that the school is providing.
§ 39.118 How does a student receive
gifted and talented services in subsequent years?
For each student receiving gifted and
talented services, the school must conduct a yearly evaluation of progress,
file timely progress reports, and update
the specific education plan.
(a) If a school identifies a student as
gifted and talented based on § 39.114 (a),
(b), or (c), then the student does not
need to reapply for the gifted and talented program. However, the student
must be reevaluated at least every 3
years through the 10th grade to verify
eligibility for funding.

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