The Ohio Department of Education and Workforce (DEW) will again refile a rule on operating standards for identifying and serving gifted students after concerns were raised in Monday’s Joint Committee on Agency Rule Review (JCARR) meeting. The rule was previously placed in to-be-refiled status to make changes to the language requested by stakeholders. (See The Hannah Report, 7/19/24.)

Abbie Sigmon, executive director of the Ohio Association for Gifted Children (OAGC), testified on the item that included some positive comments about the rule but also some concerns. She had previously urged changes to the rule at a DEW meeting in January. (See The Hannah Report, 1/18/24.)

Sigmon told JCARR members there are 225,000 identified gifted students in the state, compared to less than 940 Gifted Intervention Specialists (GISs) and fewer than 1,150 gifted staff, including ESC staff. This ratio is “deeply unsatisfactory and directly contributes to the daily burnout, struggles and exhaustion of gifted staff,” Sigmon continued.

She expressed thanks that rule language was added that would limit the size of cluster group classes to a minimum of three and maximum of 20, while also supporting the addition of language requiring students in a cluster group to have “similarly related” gifted identification areas.

Sigmon further supported changes DEW made to the rule which would require a “reasonable attempt at the commencement of services and each year thereafter to obtain parent input on the [written education plan (WEP)] and the parent’s signature on the WEP.” That posed an attainable requirement, she added.

The rule additionally stipulates that providers of professional development hours must themselves be experts in gifted education, which Sigmon praised as well.

However, she said DEW had replaced language requiring five hours of ongoing professional development for general education teachers, which was supported by OAGC and the Ohio Education Association (OEA). The new language requires general education teachers “‘participate in ongoing specialized training in gifted education each year thereafter.’”

“This is a frustrating step backwards in ensuring gifted students are recognized, differentiated and taught according to their needs,” Sigmon told JCARR. She also said DEW had removed a provision on how GISs would notify parents and guardians about the gifted services provided to their children and that a current section on talent development “could erode gifted services across the state.”

Sigmon closed by voicing concern on “the removal of a corrective plan following an audit” that was in the original draft of the rule.

Ashley Frustaci, deputy chief legal counsel at DEW, appeared on the agency’s behalf before JCARR. Rep. Michael Skindell (D-Lakewood) asked about the removed provisions. Frustaci answered that program staff who could discuss that in depth were not present and requested to follow up with the committee on that.

Skindell responded that since testimony was provided, “the department should have been prepared to respond to those areas” and requested the rule be held until DEW addressed the questions as a result.

Sen. Andrew Brenner (R-Delaware) asked about DEW’s past work and Frustaci confirmed it had already been refiled once. Brenner then asked if she would be willing to work with his office to address the issue further “as long as we don’t TBR it” and let the rule go through.

After off-mic discussions among JCARR members and staff, however, Frustaci said DEW would refile the rule again. Skindell expressed his thanks to them for doing that.

The next JCARR meeting is scheduled for Monday, Aug. 12 at 1:30 p.m.