(1) (a) In adopting and implementing a program plan to identify and serve gifted children pursuant to section 22-20-204, each administrative unit may include in its program plan provisions to identify and serve highly advanced gifted children who are: (I) Four years of age and for whom early access to kindergarten is deemed appropriate by the administrative unit; and (II) Five years of age and for whom early access to first grade is deemed appropriate by the administrative unit. (b) In making determinations pursuant to paragraph (a) of this subsection (1), an administrative unit shall apply the criteria and process established by rules promulgated by the state board pursuant to subsection (4) of this section. (2) If an administrative unit includes in its program plan provisions to identify and serve highly advanced gifted children as described in subsection (1) of this section, the administrative unit must make available to a person upon request the administrative unit's criteria and process for identifying a highly advanced gifted child for whom early access to kindergarten or first grade is deemed appropriate. At a minimum, the administrative unit must provide the time frames, deadlines, and any specific tests and threshold scores that the administrative unit uses to identify and make a final determination concerning a highly advanced gifted child. (3) If an administrative unit includes in its program plan provisions to identify and serve highly advanced gifted children as described in subsection (1) of this section, the administrative unit may charge a fee for any assessments or other procedures that the administrative unit performs to identify a highly advanced gifted child for whom early access to kindergarten or first grade is deemed appropriate; except that an administrative unit shall not charge a fee for any assessments or other procedures if the child who is the subject of the assessments or other procedures is eligible for a free or reduced-price meal pursuant to the federal "Richard B. Russell National School Lunch Act", 42 U.S.C. sec. 1751 et seq. (4) (a) The state board shall promulgate rules to establish criteria and a process that an administrative unit must use, pursuant to subsection (1) of this section, to make determinations regarding the advanced placement of highly advanced gifted children. (b) At a minimum, the criteria established by rules must include consideration of a child's: (I) Aptitude; (II) Achievement; (III) Performance; (IV) Readiness for advanced placement; (V) Observable social behavior; (VI) Motivation to learn; and (VII) Support from parents, teachers, and school administrators. (c) The process established by rules must include: (I) A timeline according to which a child's parents may apply for advanced placement for the child; (II) A description of the administrative unit personnel who are involved in the process of identifying highly advanced gifted children for whom advanced placement is appropriate; (III) A description of how the administrative unit personnel must evaluate each child for whom the child's parents are seeking advanced placement; (IV) A description of the entire body of evidence that the administrative unit personnel must use to evaluate each child for whom the child's parents are seeking advanced placement; (V) A description of how administrative unit personnel must collaboratively make decisions concerning the advanced placement of highly advanced gifted children; and (VI) A description of how an administrative unit must monitor the performance of a child who has received an advanced placement pursuant to this section. (5) The general assembly hereby finds and declares that, for purposes of section 17 of article IX of the state constitution, provisions to identify and serve highly advanced gifted children who are four years of age and for whom early access to kindergarten is deemed appropriate by an administrative unit or who are five years of age and for whom early access to first grade is deemed appropriate by an administrative unit are important elements of accountable education reform and expanding the availability of preschool and kindergarten programs and may therefore receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.
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