25 CFR § 39.118 - How does a student receive gifted and talented services in subsequent years?
---
identifier: "/us/cfr/t25/s39.118"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "25 CFR § 39.118 - How does a student receive gifted and talented services in subsequent years?"
title_number: 25
title_name: "Indians"
section_number: "39.118"
section_name: "How does a student receive gifted and talented services in subsequent years?"
chapter_name: "BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR"
subchapter_number: "E"
subchapter_name: "EDUCATION"
part_number: "39"
part_name: "THE INDIAN SCHOOL EQUALIZATION PROGRAM"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "25 U.S.C. 13, 2008; Public Law 107-110, 115 Stat. 1425."
regulatory_source: "44 FR 61864, Oct. 26, 1979, unless otherwise noted. Redesignated at 47 FR 13327, Mar. 30, 1982."
cfr_part: "39"
---
# 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), (b), or (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) or (e), the student must be reevaluated annually for the gifted and talented program.