This is the actual law for Florida and at no point is there a grade or age level. This was instituted to make Florida in compliance with Federal American's with Disabilities Act requirements for education.
6A-6.03019 Special Instructional Programs for Students who are Gifted.
(1) Gifted. One who has superior intellectual development and is capable of high performance.
(2) Criteria for eligibility. A student is eligible for special instructional programs for the gifted if the student meets the criteria under paragraph (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 specified 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 a 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, provided these plans include the following:
a. A district goal to increase the percent of students from under-represented groups in programs for the gifted and the current status of the district in regard to that goal;
b. Screening and referral procedures which will be used to increase the number of these students referred for evaluation;
c. Criteria for determining eligibility based on the student�s demonstrated ability or potential in specific areas of leadership, motivation, academic performance, and creativity;
d. Student evaluation procedures, including the identification of the measurement instruments to be used;
e. Instructional program modifications or adaptations to ensure successful and continued participation of students from under-represented groups in the existing instructional program for gifted students;
f. An evaluation design which addresses evaluation of progress toward the district�s goal for increasing participation by students from under-represented groups.
(3) Procedures for student evaluation. The minimum evaluations for determining eligibility are the following:
(a) Need for a special instructional 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.
(4) This rule shall take effect July 1, 1977.
Specific Authority 1001.42(4)(1), 1003.57 FS. Law Implemented 1000.01, 1001.42(4)(1), 1003.57(5), FS. History�New 7-1-77, Formerly 6A-6.3019, Amended 10-10-91, 5-19-98, 7-14-02.
