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Sussan & Greenwald
ATTORNEYS AT LAW
Practice limited to special education and related matters
GIFTED AND TALENTED
Just because a child has a disability does not preclude the possibility that the child is also gifted and talented. In New Jersey, recent changes in the law mandate that school districts plan appropriately for such children. The N.J. Department of Education summarizes the law, which took effect on 4/5/00, as follows:
"On April 5, 2000, the State Board of Education adopted a new chapter of administrative code, N.J.A.C. 6A: 8, Standards and Assessment for Student Achievement, which includes expanded requirements for gifted and talented programs. The new regulations define gifted and talented students as:
Those exceptionally able students who possess or demonstrate high levels of ability, in one or more content areas, when compared to their chronological peers in the local district and who require modification of their educational program if they are to achieve in accordance with their capabilities.
Key Points
This definition requires that students be compared with their peers in the local school district.
The new regulations do not establish state-level criteria for giftedness nor do they require that specific tests or measures be used to identify exceptional students.
Local school districts should ensure that the identification methodology used is developmentally appropriate, non-discriminatory, and related to the programs and services offered.
N.J.A.C. 6A: 8-3.1(a) 5 requires local district boards of education to identify gifted and talented students and provide them with appropriate instructional adaptations and services.
The identification process and appropriate educational challenges must begin in kindergarten and be reviewed annually through grade 12. Previously, department regulations did not specify that programs must address the needs of students in grades K-12.
The new rules require district boards of education to develop appropriate curricular and instructional modifications for gifted students. Programs must address appropriate content, process, products, and learning environment.
Each curriculum framework published by the Department of Education (with the exception of mathematics) contains a chapter that addresses instructional adaptations for exceptionally able (gifted) students. The chapter defines terminology and provides examples of appropriate practices.
The results of the Gifted and Talented Program Survey conducted in spring 2000 will be presented to the State Board of Education in the fall. The department will use this information to assist local school districts to assess current programs and adjust them to ensure compliance with the new regulations.
Local school districts will continue to be monitored as part of the regular school district evaluation process."
The law is found in: N.J.A.C. 6A:8-3.1 Curriculum and instruction and reads as follows:
"SUBCHAPTER 3. IMPLEMENTATION OF THE CORE CURRICULUM CONTENT STANDARDS
6A:8-3.1 Curriculum and instruction
The Department of Education shall provide districts with curriculum frameworks that suggest a variety of activities and strategies that may assist in the development of local curricula aligned with the Core Curriculum Content Standards.
District boards of education shall encourage the active involvement of representatives from the community, business, industry, labor, and higher education in the development of educational programs aligned with the Core Curriculum Content Standards.
District boards of education shall be responsible for identifying and implementing instructional adaptations for students with disabilities, as specified in their IEPs or 504 plans.
District boards of education shall be responsible for developing educational programs for students with severe disabilities aligned with the Core Curriculum Content Standards for Students with Severe Disabilities where appropriate.
District boards of education shall be responsible for identifying gifted and talented students and shall provide them with appropriate instructional adaptations and services.
District boards of education shall make provisions for an ongoing identification process and appropriate educational challenges for gifted and talented students initiated in kindergarten and reviewed annually through grade 12.
District boards of education shall develop appropriate curricular and instructional modifications used for gifted and talented students indicating content, process, products, and learning environment.
District boards of education shall actively assist and support teachers’ professional development and/or inservice, including their efforts to meet the mandatory continuing education requirement for teachers and educational services staff, as specified in N.J.A.C. 6:11-13.1.
- Science 367-371
- Language Arts 387-390
- Social Studies 463-470
- Health/PE 559-564
- Math None (it was published prior to the new format)
- World Languages 215-224
- Arts 159-165
- Cross Content (not finished yet)
(a) District boards of education shall ensure that curriculum and instruction are designed and delivered in such a way that all students are able to demonstrate the knowledge and skills specified by the Core Curriculum Content Standards and shall ensure that appropriate instructional adaptations are designed and delivered for students with disabilities, for students with limited English proficiency, and for students who are gifted and talented.
(b) District boards of education shall be responsible for the delivery of educational programs at the elementary and secondary levels using a coherent sequence of activities to prepare all students for employment or postsecondary study upon their graduation. Examples of such programs include, but are not limited to, academic programs, occupational/technical programs, and/or magnet programs.
(c) District boards of education shall be responsible for the review and continuous improvement of curriculum and instruction based upon changes in knowledge, technology, assessment results, and any modifications to the Core Curriculum Content Standards, according to N.J.A.C. 6A:8-2.
(d) District boards of education shall establish procedures whereby any student whose parent or guardian presents to the school principal a signed statement that any or part of the instruction in health, family life education, or sex education is in conflict with his or her conscience or sincerely held moral or religious beliefs shall be excused from that part of the course where such instruction is being given and, pursuant to N.J.S.A. 18A:35-4.7, no penalties shall result there from. "
 The NJDOE includes sections in each Frameworks document that specifically targets strategies for adapting the standards to meet the needs of gifted students. Each administrator should have a set of Frameworks, one for each subject area. If unavailable in your school, the curriculum coordinator or superintendent for the district will definitely have a set. Find hard copies in the chapters on children with special needs in these pages or check websites below! Science, Instructional Adaptations for Exceptionally Able Students provide all students with appropriate challenges so that raised expectations do not result in lowered expectations for t he exceptionally able. Gifted students remain in regular classrooms for the better part of the day an d are pulled out for enrichment for a designated amount of time . As a result ... Mathematics, Excellence and Equity for All Students ... professional mathematicians, scientists, or engineers. Certainly, as with other areas of human endeavor, some students have more interest in and talent for mathematics than others. The Mathematics Standards does not describe expectations for those students who might be going on to careers which require ... Health and Phys. Ed., Chapters 9-10 ... is grounded in the belief that all students can learn and can be successful. Each student must be viewed as an individual with great gifts, talents, and assets that will enable him/her to achieve the rigorous demands set forth by the Core Curriculum Content Standards . The theory and strategies ... -275 Strategies for Students with Diverse Talents (Figures 44-47). . . . . . . . . . . . . . . . 276 Strategies for Exceptionally Able (Gifted) Students (Figure 48). . . . . . . . . . . . . ... Language Arts Literacy, Vignettes for Language Arts Literacy Chapter 4 Vignettes for Language Arts Literacy NEW JERSEY LANGUAGE ARTS LITERACY CURRICULUM FRAMEWORK 48 VIGNETTES FOR LANGUAGE ARTS LITERACY 49 NEW JERSEY LANGUAGE ARTS LITERACY CURRICULUM FRAMEWORK Experiences in the classroom are the substance of stories, stories that illuminate what children ... Visual & Perfroming Arts, Appendix ... David Smith, Learning Resource Center-South Donna Wyatt, Bridgewater-Raritan School District Patricia Zippilli , Creative Achievement Academy Gifted and Talented Committee Roberta Braverman, NJ Association for Gifted Children Barbara Swicord, NJ Association for Gifted Children Bilingual/ESL Committee ... World Languages, Table of Contents, Introduction ... . . . . . . . . 202 References. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 Part Two: Adaptations for Exceptionally Able (Gifted) Learners . 215 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 Adaptation Strategies. . . . . . . . . . . ... Health and Phys. Ed., Instructional Adaptations for Students with Diverse Needs ... is grounded in the belief that all students can learn and can be successful. Each student must be viewed as an individual with great gifts, talents, and assets that will enable him/her to achieve the rigorous demands set forth by the Core Curriculum Content Standards . The theory and strategies ... Mathematics, Planning for Change New Jersey Mathematics Curriculum Framework Chapter 20 Planning for Change 637 CHAPTER 20 PLANNING FOR CHANGE Introduction Implementing the Mathematics Standards of the New Jersey State Department of Education's Core Curriculum Content Standards will require consistent, long-term and widespread ... Language Arts Literacy, Adaptations for Students Chapter 7 Adaptations for Students NEW JERSEY LANGUAGE ARTS LITERACY CURRICULUM FRAMEWORK 314 ADAPT A TIONS FOR STUDENTS . 315 NEW JERSEY LANGUAGE ARTS LITERACY CURRICULUM FRAMEWORK . ADAPT A TIONS FOR STUDENTS ADAPT A TIONS FOR STUDENTS Effective instruction follows from choices teachers ...
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Fax: 732-238-0970 East Brunswick, N.J. 08816
The information presented herein is intended to be informational, and not legal advice. Obtain competent legal representation for your particular matter. See full disclaimer.
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