(1) (a) The department shall administer this part 2, which includes recommending to the state board reasonable rules necessary to implement this part 2, including but not limited to: (I) Procedures regarding the identification of gifted children and the collection of data on their areas of giftedness; (II) Criteria that administrative units must satisfy in adopting program plans to identify and serve gifted children; (III) Required contents of an advanced learning plan and the procedures and responsibilities for creating a gifted child's advanced learning plan; (IV) Statewide procedures to ensure the portability of a gifted child's identification as gifted; (V) Criteria and procedures to ensure accountability for gifted students' academic achievement and for evaluation of gifted education programs; (VI) Criteria to ensure administrative units' accountability for annual gifted education program budgets and expenditures; (VII) Procedures for parent, family, and student engagement and communication with regard to gifted education programs; and (VIII) Procedures that an administrative unit must use in resolving disagreements with parents. (b) The state board shall adopt appropriate recommendations as rules to implement this part 2 following public comment and hearing. The rules that the state board promulgates must be in accord with the legislative declaration set forth in section 22-20-201. The state board rules that are in effect to implement this part 2 before August 6, 2014, may continue in effect after that date to the extent the state board finds that the rules continue to be appropriate, and the state board shall promulgate pursuant to the "State Administrative Procedure Act", article 4 of title 24, C.R.S., such additional rules as may be necessary to implement this part 2. (c) The department shall provide to an administrative unit that provides gifted education program plans, programs, advanced learning plans, or services that do not comply with the state board rules, a detailed analysis of any discrepancies noted along with specific recommendations to correct the discrepancies. The department must allocate or continue allocating to the administrative unit applicable federal and state funding for a reasonable period of time, as determined by the department, to allow the administrative unit an opportunity to comply with the rules. An administrative unit may establish a claim for variance based on conditions indigenous to or unique to the administrative unit. (2) To implement the provisions of this part 2, the state board and the department may provide for such personnel within the department as are deemed necessary for these purposes. (3) The general assembly recognizes that, to assist the state board in performing its responsibilities in implementing this part 2, the state board has appointed a state gifted education advisory committee of an appropriate size. On and after August 6, 2014, the membership of the advisory committee must continue to include representatives from each congressional district in the state and consist of persons involved in or concerned with the education of gifted children. The state board shall continue to appoint members for terms as stated in the bylaws of the advisory committee. Members of the advisory committee continue to serve without compensation but may receive reimbursement for expenses.
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