25 CFR 39.116
§ 39.116 How does a school determine who receives gifted and talented services?
United States · 25 CFR — Indians · Status: effective
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- Citation
- 25 CFR 39.116, § 39.116 How does a school determine who receives gifted and talented services?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/104228
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Full text
(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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.