Education. A. In administering this act the Department of Education shall provide: 1. The necessary State Department of Education staff with a primary responsibility for: a. developing educational programs for gifted and talented children, b. assuring appropriate assessment and evaluation procedures for use by school districts of this state, and c. enforcing compliance with the provisions of Sections 1210.301 through 1210.308 of this title by school districts; 2. The procedures for educational screening, needs analysis and prescriptive programming for gifted and talented children by Regional Education Service Center personnel and others approved by the Department; 3. In-service training for selected teachers, administrators, college personnel, parents and interested lay persons; 4. Assistance in the development of new programs and the projection of program alternatives for the eventual provision of high quality programs for all identified gifted and talented children; 5. Recommendations to the State Board of Education concerning qualifications of teachers for gifted and talented children; 6. Recommendations for degree programs and short course seminars for the preparation of teaching personnel for gifted and talented children; 7. Selected procedural safeguards for all potentially identifiable and identified gifted and talented children; 8. Auditing of gifted and talented education programs in twenty-five (25) districts selected at random each year to determine compliance with the provisions of Sections 1210.301 through 1210.308 of this title as well as program monitoring and auditing for districts with extraordinary numbers of identified students, identified students who as a group are not representative of racial and socioeconomic demographics of district student population, unusual budget reports, inappropriate implementation policies or questionable gifted child programming; and 9. Any other programs, services, supplies or facilities necessary to implement the provisions of this act. B. State Aid to a district shall be reduced by an amount equal to twice the amount of that portion of State Aid generated by the gifted and talented weight for each student the district has identified as gifted and talented for purposes of Section 18-201 of this title and for whom, upon audit by the State Department of Education, the district has not demonstrated that the depth, breadth, and pace of the curriculum have been and continue to be in compliance with the provisions of Sections 1210.301 through 1210.308 of this title. The penalty prescribed in this section shall be enforced by reducing State Aid to the district during the next school year following the audit or completion of an appeal in the amount of the penalty. A district shall be subject to loss of State Aid pursuant to this subsection only upon verification of the district's failure to provide appropriate programs and services for identified gifted and talented students through an audit by the State Department of Education. The State Board of Education shall promulgate rules establishing a procedure by which districts against which a penalty is assessed may appeal to the Board. Laws 1980, c. 211, § 4, eff. July 1, 1981; Laws 1981, c. 278, § 3, eff. July 1, 1981; Laws 1985, c. 329, § 21, emerg. eff. July 30, 1985; Laws 1994, c. 359, § 3, eff. July 1, 1994.
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