Colorado to Florida

Gifted children means those persons between the ages of five and twenty-one whose abilities, talents, and potential for accomplishment are so exceptional or developmentally advanced that they require special provisions to meet their educational programming needs. Gifted and talented children are hereafter referred to as gifted students. Children under five who are gifted may also be provided with early childhood special educational services. Gifted students includegifted students with disabilities (i.e., twice-exceptional) and students with exceptional abilities or potential from all socio-economic and ethnic, cultural populations. Gifted students are capable of high performance, exceptional production, or exceptional learning behavior by virtue of any or a combination of these areas of giftedness:
General or specific intellectual abilitySpecific academic aptitudeCreative or productive thinkingLeadership abilitiesVisual arts, performing arts, musical or psychomotor abilities
Multiple sources and tools allow a child to reveal his/her exceptionalities or potential. A variety of assessment tools should be used to collect information on a student whosebackground or talent area makes him/her unique from others. The identification process must use a body of evidence for gifted identification. Evaluation of student performance on tasks must be sensitive to issues of culture, life experiences, environment, and prior knowledge. Generalizations should not be assumed when considering these issues, yet observers need to be aware of potential variables that may effect observations. Problem solving, reasoning, spatial/structural, and oral language tasks can be good indicators of outstanding abilities compared to age- mates. Evidence of creative thinking, production, and problem solving must be considered in the body of evidence, especially for students who may not be inclined to achieve high scores onstandardized tests.
Information obtained through a variety of procedures and from a variety of sources includes:
1. Verbal, non-verbal, or written objective assessment methods
such as group and individual tests of achievement, general
ability (indicator of intellectual capacity at this time),
specific aptitudes (indicator of scholastic aptitude with
predictor factor for school success), and creativity.
Assessments may include norm-referenced standardized and
criterion-referenced standardized tests;
2. Subjective assessment methods such as referrals,
observations, pupil product evaluations, auditions, rating
scales, biographical data, interview, and grades;
3. A variety of sources including input from teachers, peers,
parents, community members, subject area experts, and/or the learners themselves.
Districts/BOCES must use multi-criteria-based processes to identify area/s of giftedness and
determine the appropriate instructional accommodations or other opportunities for each student.
Danielle O'Conner
"Gifted and talented" means a child identified by the planning and placement team as (1)
possessing demonstrated or potential abilities that give evidence of very superior intellectual,
creative or specific academic capability and (2) needing differentiated instruction or services
beyond those being provided in the regular school program in order to realize their intellectual,
creative or specific academic potential. The term shall include children with extraordinary
learning ability and children with outstanding talent in the creative arts as defined by these
The state of Connecticut does not have a specific operational definition of gifted and talented and allow each district to choose how to identify gifted students.
Guidelines fo Indentification
Personnel from many Connecticut school districts call the State Department of Education to inquire about the laws regulating the identification of gifted and talented children. They also ask for "best practices" related to this process. To answer their questions, we provide them with the suggestions listed below to ensure equitable and defensible identification procedures that foster open communication with parents.
  1. Identification should be systematic and ongoing.
  2. Identification needs to go beyond the traditional, narrow definition of ability and talent. New work by researchers and theorists such as Gardner (1985) and Sternberg (1984) has resulted in the general acceptance of the belief that traditional intelligence tests fail to capture the multi-faceted nature of human potential.
  3. Identification instruments should match the district definition of giftedness. If a district proposes to identify students with both musical and mathematical ability or potential, then separate identification procedures need to be established in each of the domains.
  4. The identification process should be based on the use of multiple criteria including, but not limited to: teacher recommendations, student work samples, a portfolio review, teacher checklists, a parent nomination, peer or self nomination, parent nomination, and/or standardized assessment scores.
  5. Identification instruments need to be sensitive to underserved and culturally diverse populations. Standardized tests, used carefully and cautiously, can yield helpful data in assessing the potential of traditionally underserved or underachieving students. They should not be used exclusively, however. In these cases especially, greater emphasis needs to be placed on parent, teacher, peer, or self-rating scales. Additionally, portfolios and performance rating scales may be more direct assessments of student potential or accomplishment.
  6. Identification plans should be written and communicated to all parents in languages that reflect the demographics of the community.
William Plummer
“‘Gifted or talented person’ means a person in the chronological age group 4 through 20 years inclusive, who by virtue of certain outstanding abilities is capable of high performance in an identified field. Such an individual, identified by professionally qualified persons, may require differentiated educational programs or services beyond those normally provided by the regular school program in order to realize his or her full contribution to self and society. A person capable of high performance as herein defined includes one with demonstrated achievement and/or potential ability in any of the following areas, singularly or in combination.
(a) General intellectual ability
(b) Specific academic aptitude
(c) Creative or productive thinking
(d) Leadership ability
(e) Visual and performing arts ability
(f) Psychomotor ability”
(Delaware Code Ann. title 14, § 3101)
Local school district programs for the education of gifted and talented students should consist of the
following elements, at minimum:
Selection/identification procedures, including modifications for identifying gifted and talented
students from traditionally underserved populations.
1. A comprehensive and cohesive process for
student nomination should be coordinated
in order to determine eligibility for gifted
education services
2. Instruments used for student assessment to
determine eligibility for gifted education
services should measure diverse abilities,
talents, strengths, and needs in order to
provide students an opportunity to
demonstrate any strengths.
3. A student assessment profile of individual
strengths and needs should be developed
to plan appropriate intervention.
4. All student identification procedures and
instruments should be based on current
theory and research.
5. Written procedures for student
identification should include at the very
least provisions for informed consent,
student retention, student reassessment,
student exiting, and appeals procedures.
Julie Kristin
(1) "Gifted. One who has superior intellectual development and is capable of high performance.
(2) Criteria for eligibility. A student is eligible for special instruction programs for the gifted if the student meets criteria under (2)(a) or (b) of this rule.(a) The student demonstrates: 1. Need for a special program. 2. A majority of characteristics of gifted students according to a standard scale or checklist, and 3. Superior intellectual development as measured by an intelligence quotient of two (2) standard deviations or more above the mean on an individually administered standardized test of intelligence.
(b) The student is a member of an under-represented group and meets the criteria specific in an approved school district plan for increasing the participation of under-represented groups in programs for gifted students.
1. For the purpose of this rule, under-represented groups are defined as groups: a. Who are limited English proficient, or b. Who are from low socio-economic status family.
2. The Department of Education is authorized to approve school district plans for increasing the participation of students from under-represented groups in special instructional programs for the gifted…
(3) Procedures for student evaluation. The minimum evaluations for determining eligibility are the following: (a) Need for a special instruction program, (b) Characteristics of the gifted, (c) Intellectual development, and (d) May include those evaluation procedures specified in an approved district plan to increase the participation of students from under-represented groups in programs for the gifted.”
Fla. Admin. Code Ann. r. 6A-6.03019