2419 - Regulations for the Education of Exceptional Children in WV
1. What is the maximum limit
of a case management assignment for gifted education teachers?
Per Policy 2419, the caseload limit
for gifted education teachers is 45.
2. What are
the class size requirements for gifted education?
When gifted education services are
delivered in a special education environment (SEE), no more than fifteen students
may be scheduled in an instructional period.
3. Must a
student identified as gifted be reevaluated in the eighth grade?
Policy 2419 states before the end of the eighth grade year, the student's IEP
Team will conduct a reevaluation determination plan to review existing evaluations
and information and current assessments. Based on that review, the IEP Team
must determine if any additional data is needed to determine if the student
is eligible for services as Exceptional Gifted (EG) in grades 9 through 12.
The Reevaluation Determination Plan, with or without a meeting, may determine
that no additional data/evaluation is needed.
4. Must a
student identified as gifted be reevaluated every three years?
Our state special education policy requires,
within three years of the date of the last Eligibility Committee (EC) meeting,
the school district shall conduct, as appropriate, an individual multidisciplinary
reevaluation which includes review of the current IEP and the student's progress
in meeting annual goals, current classroom-based and state assessments, and
observations by teachers and related service providers. This team may conduct
its review with or without holding a meeting but must document its decisions
on the Reevaluation Determination
Plan. The Reevaluation Determination Plan may determine that current evaluation
exists and no additional evaluation is warranted.
The district must reevaluate a student
with a disability before determining that the student is no longer
eligible for special education services. For students identified as gifted,
a reevaluation must be conducted during the eighth grade year to determine eligibility
for Exceptional Gifted (EG) in grades nine through twelve.
Students may ONLY be exited from gifted education
services in the eighth grade when not eligible for exceptional gifted
in grades 9-12 or any time the parent revokes consent for continued provision
of gifted education. Also, in the eighth grade, the county should not exit a
student from gifted education services in WVEIS until June 1 for data purposes.
5. Can a student
in kindergarten be evaluated for gifted education services?
West Virginia State Code 18-20-1 established
special programs and services for students identified as gifted and mandated
that each county board of education provide gifted education to its students
in grades one through eight. School districts cannot identify students as gifted
or provide gifted education/special education services under an IEP prior to
However, academic acceleration is available in
West Virginia schools to all students who demonstrate academic readiness. For
kindergarten students, the option of early school entrance is available for
students who demonstrate academic readiness. Contact the county school district's
administrative office for information on "early school entrance."
6. How can
I get my child tested for gifted education services?
In grades one through eight, identifying
potentially gifted students is a multi-level
process. The general education teacher, the parent, the student, the administrator
or any other interested person or agency may initiate the first step, which
is a referral to the Student Assistant Team (SAT). This level results in two
options: referral back to the general classroom for more problem solving or
referral to the next level: the Multidisciplinary Evaluation Team (MDET). The
SAT may also serve as the MDET if the necessary members are present. The parent
must be invited to review recommendations made by the SAT. Within five days
of the decision, Prior Written Notice (PWN), a copy of procedural safeguards
and informed parental consent is requested for conducting the evaluation. If
the SAT determines not to evaluate, PWN with reasons for not evaluating and
procedural safeguards must be provided to the parent within five days. The parent
may then disagree with the decision not to evaluate, using the available
options provided in Policy 2419. Procedural safeguards under Policy 2419
begin with the parent's written referral.
7. What are
my options if the evaluation does not recommend eligibility for gifted education
If the parent disagrees with an evaluation
obtained by the local education agency, a parent has the right to an independent
evaluation at public expense.
Can a State Standard-Objective be used in an annual goal on an IEP?
Yes, a state standards
objective at or above grade level may be used in an annual goal on an IEP; however,
the process of teaching the goal or the product of the goal should be "specialized"
instruction to address the needs of the student identified as gifted. The process
may include using problem solving methods, in-depth research, or conceptual
learning to enrich the content. Generally, "specialized" instruction
in gifted education may be categorized as acceleration or enrichment. This should
be evident in the goal statement. Using a WV Nxt Generation Standards Objective
would be very limited as an annual goal.
IEP for a Student Identified
as Gifted - Example
Office of Special Programs
Building 6, Rm 304
1900 Kanawha Blvd
Charleston, WV 25305