Does anyone here have experience with gifted IEPs in Nevada?

History: DS8 skipped third grade last year. He's highly- to profoundly-gifted in every academic area except writing. He was also having trouble with articulation, so last year, along with deciding to do the gradeskip, we also got him put on an IEP due to his speech trouble. In that IEP, we were able to include OT and accommodations for writing.

Now the speech therapist is saying he no longer needs speech services and wants to exit him from the IEP. The committee believes that his writing impairment is largely a motor issue, which excludes him from IEP eligibility for a specific learning disability in written expression. (I'm still not sure about that because writing is the only motor skill that he has so much difficulty with, but let's assume for now that I can't get them to agree with me there.) However, he still needs OT and accommodations for writing. His classroom teacher and I both feel like a 504 isn't enough to guarantee his needs in that area are met throughout his school years.

In the Nevada Administrative Code, there is also an eligibility category for gifted and talented. He easily qualifies there based on his KTEA scores from last year. BUT our school district has never done such a *crazy* thing as give a gifted kid an IEP just for being gifted, lol. They looked online to try to find the forms, and it's not even an option in the IEP section.

They agreed to do full IQ testing to sort out if there is a processing issue, etc., which they refused to do last year. They'll be doing another fine motor/visual/perceptual assessment. Also, more speech assessments to make sure he's performing normally there now.

So... does anyone here have experience with gifted IEPs in Nevada and what that process would entail?

I don't see how it matters if his writing impairment is a motor issue or not, if the end result is that he has a disability in writing. Writing is a necessary skill for school participation.

No idea about gifted IEPs. Our state doesn't have them.

It *shouldn't* matter. But it's listed as an exclusion in the IEP eligibility criteria.

I can't find anyone in Nevada that knows anything about the fabled gifted IEP. I thought maybe in Vegas or Reno they might have done it before. But so far, I haven't found anyone in any of my facebook groups or anywhere else that knows about it. His teacher has been teaching in NV for 20+ years, is one of the best gifted advocates I've ever known, and she had never heard of it either.

But the Nevada Administrative Code says:

NAC 388.435  Eligibility of pupil who is gifted and talented. (NRS 385.080, 388.470, 388.520)

1.  Except as otherwise provided in subsection 2, a pupil who is gifted and talented is eligible for special services and programs of instruction if a team, comprised of persons selected by the public agency, concludes that the pupil has:

(a) General intellectual ability or academic aptitude in a specific area that is demonstrated by a score at or above the 98th percentile:

(1) On a test of cognitive ability that is individually administered;

(2) In a major content area on a nationally standardized achievement test that is individually administered in kindergarten through eighth grade; or

(3) In a major content area on a nationally standardized achievement test,

Ê the Preliminary Scholastic Aptitude Test (PSAT), the Scholastic Aptitude Test (SAT) or the American College Test (ACT) that is administered to a group of students for grades 9 through 12, inclusive; or

(b) An area of talent, including, but not limited to, creative thinking, productive thinking, leadership, ability in the visual arts or ability in the performing arts, as determined by the local public agency of the pupil.

2.  In determining the eligibility of a pupil for the special services and programs of instruction referred to in this section, the team may use alternative assessment procedures for a pupil from another culture, a pupil who is environmentally or economically deprived or a pupil who has a disability.

3.  A pupil under the age of 6 years is not ineligible, because of the pupil’s age, for the special services and programs referred to in this section.

4.  The conclusions of the team concerning the eligibility of the pupil for the special services and programs of instruction referred to in this section must be based upon an assessment of the talent, cognitive abilities or academic achievement of the pupil.

5.  Unless the pupil’s individualized educational program otherwise provides, a pupil who is gifted and talented must participate in not less than 150 minutes of differentiated educational activities each week during the school year.

(Added to NAC by Bd. of Education, eff. 7-14-88; A 9-13-91; 11-23-93; R085-99, 2-16-2000)

One of the first hits on this in a quick Google search was a forum posting from about 10 years back, in which another poster suggested contacting Davidson directly--since they're in Nevada, and might have additional information and advocacy suggestions. I expect they would answer a question of this nature, even if the child in question were not DYS.

Hmm... So I have confirmation that gifted IEPs *do* exist in Nevada. However, the district special ed coordinator says there is no way to include OT or writing accommodations in a gifted IEP.

So now I'm wondering if I should keep fighting for IEP eligibility due to Specific Learning Disability: Written Expression, or if we could get a gifted IEP with a 504 to cover OT. It just seems like the 504 gives a much lower level of protection.

I need to finish his DYS application... he's 4 points short of their cut off on KTEA. (His math score was 157, composite was 141--including his low writing score. I just get intimidated every time I try to write the essay questions because he's such a unique kid.)

If it's not possible to combine both needs in one document, then I don't see this situation as an OR, but an AND. I'd have one of each. One IEP for the disabilities, one IEP for the giftedness, they're both legal documents and I'd expect them both to be honored.

Could a motor issue be included as an "other health impairment" in an IEP, even if it isn't a Specific Learning Disability? Just trying to think up anything helpful.

I doubt my school district would ever agree to that.



Possibly. I asked them if it would help with IEP eligibility if we got a medical diagnosis, and they said it wouldn't.

However, this whole process has re-motivated me to finish his (and his sister's) DYS application, so I just did that. They're both within 4 points of the DYS cut offs, but he has large discrepancies between his math/reading/writing composites, and she's almost even across the board. So we'll see.

An IEP for a learning disability is not optional for the district - it's required by law. And unless I'm being misled or misreading the information here on this forum, services for giftedness are required by Nevada law, and also not an option.

In my next meeting, I would start finishing a lot of sentences with "as required by law."

This is true as I understand it. I belive with a medical dx you can definitely get the 504. I am having the same arguement with my district right now over dyslexia. My child has a formal diagnosis, but the refused to evan evaluate him for an IEP on the grounds that he reads on grade level (though they declined to prove it with a better test than the STAR).


I don't think DYS can necessarily help you with the IEP since the issue isn't related to giftedness. But the GIEP... maybe? You might also look for an organization that does disabilities advocacy in Nevada. I got some great info from an organization in my state about our IEP situation. You may or may not also have a state ombudsman for special education attached to your stay OSPI you could consult with, if you haven't already.

Hello,

I am from NV looking into GIEP for my children. Can you specify what or where you found the information to confirm the GIEP? Have you had any luck getting one?

I'm in CCSD.