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Law 17/2007: LAW on the education of gifted and talented students | Educatia de Excelenta

Law 17/2007: LAW on the education of gifted and talented students

CHAMBER OF DEPUTIES
LAW on the education of gifted and talented students
the Chamber of Deputies passes this bill of law.

CHAPTER I
General provisions and definitions
Art.1 - This law regulates the legal operation and organization framework of the National Differentiated Training Center as well as the institutional organization of differentiated education programs for gifted and talented students.
Art.2 – Romanian gifted students domiciled in or residents of Romania benefit from the provisions of this law.
Art.3 - According to the Human Rights Charter, Lisbon case, the Universal Declaration of the Rights of the Child, Recommendation 1248/1994 of the Parliamentary Assembly of the Council of Europe, students with special needs, among whom gifted students can be mentioned, shall be provided with an adequate educational environment which allows them to fully exploit their potential for their own, as well as for the society’s benefit.
Art.4 - In accordance with the regulations of Law of Education no.84/1995 and Government Emergency Ordinance no. 36/1997, this law is intended to promote and guarantee the right to differentiated education, setting a legal and technical-logistic framework for professional elites in all fields, through:
a) Differentiated education as a set of formal, non-formal and informal educational programs adapted for the development of the gifted students population segment characterized by special needs;
b) Education of gifted and talented students in public or private specialized centers through specialized classes, week-end schools, training camps, summers schools, distance education programs, and other methods;
c) the differentiated curriculum as method of adapting the objectives, contents, educational and teaching strategies, study, evaluation, special capabilities, to the ability capacity, the level of cognitive, emotional and motric capacities, to the learning style and rhythm of the gifted students;
d) public-private partnerships between public institutions and organizations with competence in the field of gifted and talented students’ education.
Art.5 –The terms and phrases herein shall be interpreted as follows:
1. Giftedness – a level above the conventional average
level of general or/and specific abilities development, requiring
a studying experience different in terms of volume and depth
from common school experience;
2. Gifted students – those identified through specific methods as having achievements and/or potential abilities in a single or in several areas: general intellectual capabilities, specific academic capabilities, productive or creative thinking, leadership capability, artistic talent, physical and motric capabilities.
3. Special needs - needs related to information, socializing, collective integration, use of native and developed potential, creative expression, and recognition of personal values;
4. Specialized curriculum - coherent set of contents, studying and school achievements assessment methods, organized with a view to enriching and further developing abilities, practicing high capabilities and forming specific performance-oriented behavior in special study fields;
5. Curriculum itineraries – are individualized training itineraries which enable the selection of the study subjects corresponding to own interests specter for curricula packages provided on several study directions.
6. Mentoring programs – are effort channeling programs regarding the master-disciple relation;
7. Tutoring programs – are personal performance enhancement programs materialized through additional individualized lessons supervised and monitored by a person with competence in the selected field;

CHAPTER II
Identifying gifted and talented students
Art.6 - The identification of gifted and talented students should be an integrated part of the educational process and shall be performed in accordance with the definition of giftedness validated by international programs.
Art.7 - The process of identifying gifted and talented students must be performed by mixed teams made up of field specialists: psychologists, pedagogues, teachers and must meet the objectivity, accuracy, validity and reliability requirements.
Art.8 - In the identification process, the following tools shall be used:
a) psychological and behavioral profiles;
b) self-assessment;
c) nominations by teachers and /or group of friends;
d) case studies;
e) nomination-related guides;
f) surveys;
g) psychological (school abilities, individual and collective IQ”, creativity, special abilities) tests;
h) school activity analysis;
i) interviews which comply with the definition of giftedness.
Art.9 - The identification procedures regarding gifted students coming from socially and economically disfavored environments must be adjusted to their specific features.
Art.10 - Any capability-related measurement, diagnosis and evaluation has a time-limited predictive value.

CHAPTER III
Differentiated curricular itineraries
Art.11 - The curricular itineraries shall be drafted in accordance with the specific gifted and talented students’ performance standards.
Art. 12 - Differentiated curricular itineraries must be structured in accordance with the general principles of the National Curriculum and with internationally validated specific drafting standards concerning the education of gifted students and propose specific educational principles.
Art.13 - The contents of curricular itineraries are differently conceived, according to the field in which the giftedness is visible by monitoring the development of theoretical and practical abilities, the formation of critical and complex thinking, correct information assessment, enhancing creativity and motivating students to individual study.
Art.14 - The adjustment of contents related to curricular itineraries to the categories of gifted students must be achieved both at quantitative (volume of information) and qualitative (rhythm, learning style, interdisciplinary principle) level.
Art.15 - Curricular contents must be selected based on the gifted and talented students’ interest and social needs.
Art.16 - Teachers from educational units for gifted and talented students shall attend methodological training classes which shall enable them to satisfy the students’ information-guidance needs for the carrier itineraries chosen from an offer differentiated according to curricular fields.
Art.17 - Educational strategies and teaching styles shall adjust to the specific forms of organization of the instructive-educational process by accelerating multiple-shaped specialized studies, establishing homogenous classes or groups and differentiated and individualized study modules.
Art.18 - The specific educational methodology shall adjust to the gifted students’ personality profile and their degree of psychological maturity as well as to the social and cultural context.
Art.19 - The assessment of the instructive-educational process with differentiated education has specific goals established by curricular standards approved by the Ministry of Education and Research in collaboration with NGOs or institutions with experience, competence and expertise capacity in this field.

CHAPTER IV
Training the authorized personnel
Art.20 – Gifted students’ teachers training shall be accomplished in training programs including the optimum teaching curriculum and methodologies for the education and training of gifted students, considering their nature and needs.
Art.21 –Teachers’ training shall be of minimum 60 hours per year for teachers working in specialized centers and of minimum 30 hors per year for teachers working in schools with special classes which have joined training programs regarding the education of gifted and talented students.
Art.22 - (1) The certified permanent training of teachers is accomplished through improvement programs regarding educational psychology for gifted students, accredited according to framework standards in force and to methodologies internationally validated by dedicated organizations.
(2) The certified permanent training seeks to involve teachers in various activities such as
a) specialized accredited improvement programs with specific themes;
b) workshops;
c) documentation stages;
d) ) information exchanges between national and international specialists;
e) post-graduate studies;
f) Master’s degrees;
g) PhDs;
h) teachers exchanges with international gifted education training centers;
i) dedicated post-graduate studies within the international universities network with gifted education specific programs.
Art.23 - Development of other types of specialists (psychologists, social workers, teachers, educational psychologists) shall be accomplished by specialized classes in the identification, counseling and psychotherapy, personal and institutional management, educational marketing fields.
Art.24 - A national program for training the trainers who shall provide dissemination and consolidation of methodologies and specific knowledge for educating gifted and talented students and for understanding this profile’s specific psychology. These programs shall be administrated by MES and shall employ specialists from national and international centers in this field.
.

CHAPTER V
National Differentiated Training Center
Art.25 – Under the Ministry of Education and Research guidance, within the National Gifted Center, established by Government Decision no. 34/2003, the National Differentiated Training Center is set up as a dedicated body, public institution functioning as legal entity. This center has the following objectives: ensuring educational facilities for highly gifted students; according to the specific training methodologies of gifted education psychology; providing conditions and procedures of establishing differentiated training itineraries, necessary to adjust training to the creative expression capability and the intellectual development to the specific needs of gifted students related to their social and professional integration.
Art.26 - The National Differentiated Training Center shall have the following competences:
a) preparing pilot school programs to introduce the working methodologies specific for gifted students education, adjusted to international levels in this educational system;
b) establishing a pilot research center and experimental classes, where the specific instruction and curricular technologies for the gifted education system will be put to use;
c) adjusting international education psychology regulations and methodologies to national issues specificity;
d) training specialists in teaching methodologies specific to the field of gifted education psychology;
e) disseminating information and issues concerning the gifted education psychology among teachers and parents’ associations;
f) preparing and promoting informational support concerning scientific research and assistance in the field of gifted education psychology;
g) distribution through school networks of informational materials on
gifted education psychology;
h) organizing within the Teaching Staff Offices and the Children’s Palaces, as well as within schools, high schools, universities joint information activities on specific gifted education psychology research;
i) integrating gifted students into specific gifted education psychology programs.
Art.27 - (1) The organizational structure and the internal regulation of the National Differentiated Training Center are approved by the order of the Minister of Education and Research, within 60 days from the enforcement of this law.
(2) The management of the Differentiated Training Center is provided by a coordinator of the specific educational program, as guidance and control teaching staff providing specialized assistance for planning, developing, assessing and coordinating the educational program for gifted students.
(3) The specialized personnel of the Differentiated Training Centers is made up of a counselor specialized in gifted education psychology and by a counselor specialized in general education psychology issues.
(4) The retribution of the Differentiated Training Center staff shall observe the basic pays calculation system for the budgetary sector.
(5) The teaching staff within the Differentiated Training Center observe the provisions of Law no. 128/1997 and is paid accordingly, on the Status of the teaching staff, as subsequently amended and supplemented.
(6) The Differentiated Training Center can use external collaborators under the law according to the requirements of the drafted programs.
Art.28 - (1) The running expenses and the capital of the Differentiated Training Center shall be financed from the state budget, through the budget approved by the Ministry of Education and Research.
(2) The Differentiated Training Center can receive donations and sponsorships to be used under the law.

CHAPTER VI
Local Differentiated Training Centers
Art.29 – Local Differentiated Training Centers will be established under the National Differentiated Training Center based on public-private partnerships with nongovernmental organizations and dedicated institutions specialized in gifted education curricula at national and international level.
Art.30 – The Local Differentiated Training Centers have the following competences:
a) selecting the gifted students based on their capabilities, special capabilities development level, potential personality and creativity development;
b) permanent training, at international standards, of teachers involved in the education system of gifted and talented students;
c) implementing optimum strategies for gifted students in the teachers’ training programs;
d) providing alternative curricular areas observing the national curricular core, but allow the extension of individual study areas;
e) supporting schools to improve their capacity to identify and select gifted students;
f) providing assistance, help and guidance for gifted students;
g) attracting funds for gifted and talented students education programs;
Art.31 - The Local Centers’ activity shall be evaluated by a board of assessors established by the National Differentiated Training Center.
Art.32 - The following activities of the Local Differentiated Training Centers can be financed from donations, sponsorships, grants, mixed budgetary and private funds, under the law:
a) training and education activities for the teaching staff;
b) theoretical and applied research and creative activities;
c) tutoring programs;
d) students selection programs;
e) teachers’ selection;
f) research and development of innovative educational programs;
g) maintenance and equipment costs.
Art.33 – The National Gifted Center shall distribute the public funds allotted to gifted programs for the development of Local Differentiated Training Centers programs following proposals of the National Differentiated Training Center.
Art.34 - The Local Differentiated Training Centers shall report on a quarterly basis to the National Differentiated Training Center on the activities carried out, according to the internal regulations approved by the order of the Minister of Education and Research.
Art.35 - The Local Differentiated Training Centers will collaborate with the Institute for Education Research, dedicated national and/or foreign nongovernmental organizations, other international research centers, national and/or foreign universities and science and culture people from Romania and/or abroad.

CHAPTER VII
Transitory and final provisions
Art.36 – The provisions of Law of Education no.84/1995 shall supplement the provisions herein.
Art.37 - (1) This law shall be enforced within 30 days as of its publication in the Official Gazette of Romania. Any other provisions contrary hereto shall be abrogated on its enforcement date.
(2) Within 90 days from the publication of this law in the Official Gazette of Romania, the Ministry of Education and Research prepares the rules deriving from its enforcement and establishes transitory measures.
This law is deemed to have been passed by the Chamber of Deputies in its initial form, in keeping with the provisions of
Art.75 paragraph (2), 3rd thesis of the Constitution of Romania, republished.
PRESIDENT OF THE CHAMBER OF DEPUTIES
Bogdan Olteanu

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