Gifted Rule Re-File
For the past several months, OAGC has been in extensive communications with both the ODEW and members of the Joint Committee on Agency Rule Review (JCARR) regarding the Gifted Rule. You can see our previous position papers and responses here: https://oagc.com/advocacy/advocacy-topics/
JCARR is the statehouse committee focused specifically on reviewing rules. JCARR can invalidate rules partially or completely based on a series of levers including if the proposed rule “conflicts with the legislative intent of the statute under which it is proposed.”
The Gifted Rule as it was filed in April of this year included section D, Talent Development. This section was particularly worrying to OAGC as gifted funding is limited and must be spent on gifted education alone. While OAGC supports talent development, talent development classes should not detract from gifted student education. This is a slippery slope and could lead to the erosion of services for gifted students across the state. According to the ORC section 3317.022 Section J, “a school district shall spend the funds it receives… only for the identification of gifted students, gifted coordinator services, gifted intervention specialist services, and gifted gifted professional development.” OAGC argued that the inclusion of talent development in the Gifted Rule conflicts with the legislative intent of the ORC.
Earlier this morning, June 25, 2024, the Gifted Rule was re-filed with JCARR and the talent development section (D) has been removed. No other changes were made. You can read the re-filed rule here: https://www.registerofohio.state.oh.us/rules/search/details/342695
JCARR has not yet listed the Gifted Rule on their agenda for any upcoming meetings, but OAGC will be sure to notify the public of that meeting.