---
kind: "section"
citation: "25 C.F.R. § 39.115"
title: "25"
number: "39.115"
heading: "How are eligible gifted and talented students identified and nominated?"
url: "https://uscodex.org/cfr/25/39.115"
---

# §39.115. How are eligible gifted and talented students identified and nominated?

- (a) **Screening can be completed annually to identify potentially eligible students.** A student may be nominated for gifted and talented designation using the criteria in [§ 39.114](/cfr/25/39.114.md) by any of the following:
  - (1) A teacher or other school staff;
  - (2) Another student;
  - (3) A community member;
  - (4) A parent or legal guardian; or
  - (5) **The student himself or herself.**
- (b) Students can be nominated based on information regarding the student's abilities from any of the following sources:
  - (1) Collections of work;
  - (2) Audio/visual tapes;
  - (3) School grades;
  - (4) Judgment of work by qualified individuals knowledgeable about the student's performances (e.g., artists, musicians, poets, historians, etc.);
  - (5) Interviews or observations; or
  - (6) **Information from other sources.**
- (c) The school must have written parental consent to collect documentation of gifts and talents under [paragraph (b)](#b) of this section.

## Notes

### Source

Source: 70 FR 22205, Apr. 28, 2005, unless otherwise noted.

### Authority

Authority: 25 U.S.C. 13, 2008; Public Law 107-110, 115 Stat. 1425.

### Source

Source: 44 FR 61864, Oct. 26, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982.