14 Del. Admin. Code § 902
The purpose of this regulation is to establish that a gifted or talented student, as identified by a professionally qualified person or persons, may require differentiated educational programs or services beyond those normally provided by the regular school program in order to address the individual student's capabilities. The school districts' or charter schools' capacity to provide differentiated educational programs or services should also be considered as this varies between school districts and charter schools. Capacity means the way in which a school district or charter school chooses to identify its areas of giftedness and the types of services they choose to provide. A school district or charter school is not required to provide programming for all giftedness areas.
The following words and terms, when used in this regulation, have the following meaning:
"Gifted or talented education plan" or “plan” means a Delaware Department of Education approved-document created by a school district or charter school for the development, implementation, and evaluation of an identification process and appropriate services for gifted or talented students.
"Gifted or talented student" means a child enrolled in a Delaware public school who has been identified by a professionally qualified person or persons as meeting the following definition of gifted or talented:
A child capable of high performance with demonstrated achievement or potential ability in any of the following giftedness areas, singularly or in combination:
General intellectual ability;
Specific academic aptitude;
Creative or productive thinking;
Leadership ability;
Visual and performing arts ability; or
Psychomotor ability.
"Relative caregiver" means, pursuant to 14 Del.C. §202(f)(2), an adult who, by blood, marriage or adoption, is the child's great grandparent, grandparent, step grandparent, great aunt, aunt, step aunt, great uncle, uncle, step uncle, step parent, brother, sister, step brother, step sister, half brother, half sister, niece, nephew, first cousin, or first cousin once removed but who does not have legal custody or legal guardianship of the student.
3.1 Each school district or charter school shall have a plan which, at a minimum, shall:
The Department of Education shall maintain a resource guide of best practices on its website that a school district or charter school may use in the development and implementation of its plan.