Policy 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 grade one. 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 services?
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.

8. 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