Superintendent's Memo #004-09

State seal, Commonwealth of Virginia

Department of Education

January 9, 2009
TO: Division Superintendents
FROM: Patricia I. Wright, Superintendent of Public Instruction

SUBJECT: Transmittal of “Statement of Administrative Impact and Projected Costs of Implementation” for the Promulgation of the Proposed Regulations Governing Educational Services for Gifted Students

As part of its responsibility for promulgating new regulations or revisions to existing regulations, the Board of Education is required to develop a statement of the administrative impact and projected cost to school divisions of implementing and complying with such regulations. Pursuant to Section 22.1-17 of the Code of Virginia, the Board and the Department of Education are required to send a copy of the statement to each division superintendent.

As stipulated in Section 22.1-16 of the Code of Virginia, “The Board of Education may adopt bylaws for its own government and promulgate such regulations as may be necessary to carry out its powers and duties and the provisions of this title.” At its meeting on November 30, 2006, the Virginia Board of Education approved a Notice of Intended Regulatory Action leading to the revision of the Regulations Governing Educational Services for Gifted Students (8VAC20-40-10 through 8VAC20-40-70). Over the past two years, the Department of Education has worked to revise the regulations in keeping with the Code of Virginia.

The proposed revised regulations address the following changes:

  1. Additions to and revisions of definitions for critical terms;
  2. Realignment of aspects of the screening, referral, identification, and placement components;
  3. Addition of parental rights, notification, consent, and appeals information;
  4. Revision of components of the local plan for the education of the gifted;
  5. Revision of the role and function of the local advisory committee for the education of the gifted to comply with Section 22.1-18.l of the Code of Virginia;
  6. Revisions to the role of the Virginia Department of Education and local school boards in the approval of the local plan;
  7. Addition of annual report expectations to comply with Section 22.1-18.1 of the Code of Virginia; and
  8. The removal of a funding statement from the Regulations.

The full text of the proposed regulations may be accessed at the following website:

Estimated Administrative Impact: The administrative impact to the Virginia Department of Education would be minimal as the proposed revisions would lessen the Department’s administrative requirements.

The proposed regulations may have an impact on local school divisions. Depending on school divisions’ current practices, some divisions may have additional administrative requirements related to the (1) yearly review and approval of the local plan, (2) shorter time frames for notification, identification, and placement of students, (3) action by the division on identification and placement appeals, (4) reduction in identification criteria from four to three, (5) requirement for identification and service options to include English, social science, and history, (6) requirement of continuous and sequential provision of services, and (7) professional development for instructional personnel based on gifted education add-on endorsement competencies.

Projected Costs of Implementation: There is minimal cost to the state to implement and enforce the proposed regulations. Existing budgets should be sufficient to fund the state’s responsibilities.

For local school divisions, there is the potential for an increase in the cost of implementing the proposed revisions. It is possible that some divisions will incur additional costs with the annual review and approval of the local plan, shortened time frames, continuous and sequential service options that include English, social science and history, and professional development for instructional personnel. Some divisions may experience a reduction in costs due to the reduction in the number of required identification measures.

All localities and school divisions in the Commonwealth are affected by this proposal. To the extent that school divisions are currently incorporating some provisions of the proposed revisions to the regulations, the impact to the divisions could be minimal or significant.

The “Economic Impact Analysis” from the Virginia Department of Planning and Budget (DPB) can be found at\townhall\docroot\93\1933\4193\EIA_DOE_4193_v2.pdf.

The Board of Education will consider public comment and the administrative impact and projected cost of implementation regarding these regulations when it takes final action on these regulations early in 2009. If you have any questions, please contact Dr. Donna L. Poland, specialist for Governor’s Schools and Gifted Education, Office of Middle and High School Instruction, by e-mail at or by telephone at (804) 225-2884.