Superintendent’s Memo #227-12

State seal, Commonwealth of Virginia

Department of Education

August 31, 2012

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 Proposed Amendments to the Regulations Governing Educational Services for Gifted Students, 8 VAC 20-40-10 et. seq.

As part of its responsibility for promulgating new regulations or revising or repealing existing regulations, the Board of Education is required to develop a statement of the administrative impact and projected cost to school divisions of its regulatory action.  The Board and the Department of Education are required to send a copy of the statement to each division superintendent.

The Regulations Governing Educational Services for Gifted Students ensure that Virginia's public schools establish uniform procedures for screening, referring, identifying, and serving students in kindergarten through twelfth grade who are gifted.

At its meeting on June 28, 2012, the Board approved amendments to the regulations to comport with legislative changes that were passed by the 2012 General Assembly and signed by the Governor.  These changes address the provisions of House Bill 1295 and Senate Bill 679 that were intended to lessen the administrative impact on local school divisions.  In order to comport with the legislative changes, these regulations must be amended.  Local administrative impact and projected costs of implementing these changes should be minimal.

Changes to 8VAC 20-40-60B of the regulations were effective on August 29, 2012, as follows:

B. Each school division shall may establish a local advisory committee composed of parents, school personnel, and other community members who are appointed by the school board.  This committee shall reflect the ethnic and geographical composition of the school division.  This committee shall have two responsibilities: (i) to review annually the local plan for the education of gifted students, including revisions, and (ii) to determine the extent to which the plan for the previous year was implemented.  The findings of the annual program effectiveness and the recommendations of the advisory committee shall be submitted annually in writing to the division superintendent and the school board.

If you need additional information or have questions, please contact Dr. Donna L. Poland, specialist for Governor’s Schools and gifted education, Office of Mathematics and Governor’s Schools, by e-mail at or by telephone at (804) 225-2884.