---
kind: "section"
citation: "25 C.F.R. § 39.118"
title: "25"
number: "39.118"
heading: "How does a student receive gifted and talented services in subsequent years?"
url: "https://uscodex.org/cfr/25/39.118"
---

# §39.118. How does a student receive gifted and talented services in subsequent years?


For each student receiving gifted and talented services, the school must conduct a yearly evaluation of progress, file timely progress reports, and update the specific education plan.

- (a) If a school identifies a student as gifted and talented based on § [39.114 (a)](/cfr/25/39.114.md?p=a), [(b)](/cfr/25/39.114.md?p=b), or [(c)](/cfr/25/39.114.md?p=c), then the student does not need to reapply for the gifted and talented program. However, the student must be reevaluated at least every 3 years through the 10th grade to verify eligibility for funding.
- (b) If a school identifies a student as gifted and talented based on § [39.114 (d)](/cfr/25/39.114.md?p=d) or [(e)](/cfr/25/39.114.md?p=e), the student must be reevaluated annually for the gifted and talented program.

## 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.