Florida Senate - 2009 SB 1870
By Senator Wise
5-00267A-09 20091870__
1 A bill to be entitled
2 An act relating to gifted and academically talented
3 student education; creating s. 1003.572, F.S.;
4 requiring district school boards to provide parental
5 notice of requirements and procedures for requesting
6 evaluations for gifted student classification;
7 requiring district school board reporting of gifted
8 student classification, services, and performance
9 data; requiring the Department of Education to develop
10 data elements for district reporting; requiring
11 rulemaking; creating s. 1003.573, F.S.; requiring the
12 department to develop procedures and eligibility
13 criteria for whole-grade and subject matter
14 acceleration; requiring district school boards to
15 implement procedures and eligibility criteria;
16 requiring district school board reporting of student
17 acceleration data; requiring the department to develop
18 data elements for district reporting; requiring
19 rulemaking; amending s. 1004.04, F.S.; requiring
20 state-approved teacher preparation programs to
21 incorporate specified gifted student instruction;
22 amending s. 1011.62, F.S.; requiring certain school
23 district guaranteed allocation expenditures to be
24 reported separately; creating the Gifted and
25 Academically Talented Student Task Force within the
26 department; designating members; providing for per
27 diem and travel expenses; requiring the task force to
28 submit a report to the Governor and Legislature;
29 providing report requirements; providing for the
30 future abolishment of the task force; providing
31 effective dates.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Section 1003.572, Florida Statutes, is created
36 to read:
37 1003.572 Gifted student education.—
38 (1) For students in grades K through 12, each district
39 school board shall annually:
40 (a) Provide written notice to each student’s parent of the
41 eligibility criteria for gifted student classification and the
42 procedures for requesting an evaluation of a student to
43 determine his or her eligibility for such classification.
44 (b) Report to the department by school and grade level:
45 1. The number of students classified as gifted. Such
46 reporting shall separately identify the number of students
47 classified as gifted under generally applicable criteria set
48 forth in State Board of Education rule and under a department
49 approved school district plan for increasing the participation
50 of underrepresented groups.
51 2. The types of gifted student education services that it
52 provides and the number of students receiving each service. Such
53 reporting shall:
54 a. Separately identify gifted student education services
55 that provide: direct instruction to a class consisting only of
56 gifted students; differentiated instruction for gifted students
57 within a class that also includes students who are not gifted;
58 and noninstructional consultation services.
59 b. Indicate the number of hours per week that each service
60 identified under sub-subparagraph a. is provided to each gifted
61 student and whether the service is provided by a teacher who has
62 received the gifted endorsement under State Board of Education
63 rule.
64 3. Performance data for students receiving gifted student
65 education services.
66 When reporting the number of students under this paragraph,
67 district school boards shall classify students according to
68 race, ethnicity, limited English proficient status, and free or
69 reduced-price lunch eligibility status under the National School
70 Lunch Act.
71 (2) The department shall develop data elements to
72 facilitate district school board reporting under paragraph
73 (1)(b).
74 (3) The State Board of Education shall adopt rules pursuant
75 to ss. 120.536(1) and 120.54 to implement this section.
76 Section 2. Section 1003.573, Florida Statutes, is created
77 to read:
78 1003.573 Whole-grade and subject matter acceleration.—
79 (1) For students in grades K through 12, the department
80 shall develop, and district school boards shall implement,
81 statewide policies that set forth procedures and eligibility
82 criteria for whole-grade and subject matter acceleration.
83 (2) Each district school board shall report annually to the
84 department by school and grade level: the number of, and
85 performance data for, students who were accelerated one or more
86 whole grades; the types of subject matter acceleration programs
87 offered; and the number of, and performance data for, students
88 who participated in subject matter acceleration programs. When
89 reporting the number of students, district school boards shall
90 classify students according to race, ethnicity, limited English
91 proficient status, and free or reduced-price lunch eligibility
92 status under the National School Lunch Act.
93 (3) The department shall develop data elements to
94 facilitate district school board reporting under subsection (2).
95 (4) The State Board of Education shall adopt rules pursuant
96 to ss. 120.536(1) and 120.54 to implement this section.
97 Section 3. Paragraph (c) of subsection (3) of section
98 1004.04, Florida Statutes, is amended to read:
99 1004.04 Public accountability and state approval for
100 teacher preparation programs.—
101 (3) DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.—A system
102 developed by the Department of Education in collaboration with
103 postsecondary educational institutions shall assist departments
104 and colleges of education in the restructuring of their programs
105 in accordance with this section to meet the need for producing
106 quality teachers now and in the future.
107 (c) State-approved teacher preparation programs must
108 incorporate:
109 1. Appropriate English for Speakers of Other Languages
110 instruction so that program graduates will have completed the
111 requirements for teaching limited English proficient students in
112 Florida public schools.
113 2. Scientifically researched, knowledge-based reading
114 literacy and computational skills instruction so that program
115 graduates will be able to provide the necessary academic
116 foundations for their students at whatever grade levels they
117 choose to teach.
118 3. Gifted student instruction so that program graduates
119 will:
120 a. Be able to recognize the characteristics of gifted
121 students.
122 b. Have knowledge of the eligibility criteria for gifted
123 student classification and the procedures for referring a
124 student for an evaluation to determine his or her eligibility
125 for such classification.
126 c. Have knowledge of how to differentiate the general
127 education curriculum for gifted students.
128 Section 4. Paragraph (e) of subsection (1) of section
129 1011.62, Florida Statutes, is amended to read:
130 1011.62 Funds for operation of schools.—If the annual
131 allocation from the Florida Education Finance Program to each
132 district for operation of schools is not determined in the
133 annual appropriations act or the substantive bill implementing
134 the annual appropriations act, it shall be determined as
135 follows:
136 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
137 OPERATION.—The following procedure shall be followed in
138 determining the annual allocation to each district for
139 operation:
140 (e) Funding model for exceptional student education
141 programs.—
142 1.a. The funding model uses basic, at-risk, support levels
143 IV and V for exceptional students and career Florida Education
144 Finance Program cost factors, and a guaranteed allocation for
145 exceptional student education programs. Exceptional education
146 cost factors are determined by using a matrix of services to
147 document the services that each exceptional student will
148 receive. The nature and intensity of the services indicated on
149 the matrix shall be consistent with the services described in
150 each exceptional student’s individual educational plan.
151 b. In order to generate funds using one of the two weighted
152 cost factors, a matrix of services must be completed at the time
153 of the student’s initial placement into an exceptional student
154 education program and at least once every 3 years by personnel
155 who have received approved training. Nothing listed in the
156 matrix shall be construed as limiting the services a school
157 district must provide in order to ensure that exceptional
158 students are provided a free, appropriate public education.
159 c. Students identified as exceptional, in accordance with
160 chapter 6A-6, Florida Administrative Code, who do not have a
161 matrix of services as specified in sub-subparagraph b. shall
162 generate funds on the basis of full-time-equivalent student
163 membership in the Florida Education Finance Program at the same
164 funding level per student as provided for basic students.
165 Additional funds for these exceptional students will be provided
166 through the guaranteed allocation designated in subparagraph 2.
167 2. For students identified as exceptional who do not have a
168 matrix of services and students who are gifted in grades K
169 through 8, there is created a guaranteed allocation to provide
170 these students with a free appropriate public education, in
171 accordance with s. 1001.42(4)(l)(m) and rules of the State Board
172 of Education, which shall be allocated annually to each school
173 district in the amount provided in the General Appropriations
174 Act. These funds shall be in addition to the funds appropriated
175 on the basis of FTE student membership in the Florida Education
176 Finance Program, and the amount allocated for each school
177 district shall not be recalculated during the year. These funds
178 shall be used to provide special education and related services
179 for exceptional students and students who are gifted in grades K
180 through 8. Beginning with the 2007-2008 fiscal year, a
181 district’s expenditure of funds from the guaranteed allocation
182 for students in grades 9 through 12 who are gifted may not be
183 greater than the amount expended during the 2006-2007 fiscal
184 year for gifted students in grades 9 through 12. Each district
185 school board in its annual financial report to the department
186 shall separately identify the following amounts expended from
187 the guaranteed allocation:
188 a. The amount expended for students identified as
189 exceptional who do not have a matrix of services.
190 b. The amount expended for gifted students in grades K
191 through 12 according to grade level.
192 Section 5. Gifted and Academically Talented Student Task
193 Force.—
194 (1) There is created the Gifted and Academically Talented
195 Student Task Force. The task force is composed of the following
196 seven members:
197 (a) The chair of the State Board of Education or his or her
198 designee, who shall serve as chair.
199 (b) The Commissioner of Education or his or her designee,
200 who shall serve as vice chair.
201 (c) Four members who collectively have experience in gifted
202 and academically talented student screening, identification, and
203 education, one of whom shall be appointed by the Governor, one
204 of whom shall be appointed by the President of the Senate, one
205 of whom shall be appointed by the Speaker of the House of
206 Representatives, and one of whom shall be appointed by the chair
207 of the State Board of Education.
208 (d) One member who represents an advocacy group for parents
209 of gifted children who shall be appointed by the Governor.
210 (2) The members of the task force shall be appointed by
211 October 1, 2009, and shall convene the initial meeting of the
212 task force by November 1, 2009.
213 (3) The task force is assigned to the Department of
214 Education for administrative purposes. Members of the task force
215 are not entitled to compensation but are entitled to per diem
216 and travel expenses under s. 112.061, Florida Statutes. Members
217 of the task force are subject to the Code of Ethics for Public
218 Officers and Employees under part III of chapter 112, Florida
219 Statutes.
220 (4) By February 1, 2010, the task force shall submit a
221 report to the Governor, the President of the Senate, and the
222 Speaker of the House of Representatives that includes, but is
223 not limited to, recommendations, based upon peer-reviewed
224 research and the members’ collective expertise, for the
225 following:
226 (a) Revisions to statute and rule governing eligibility
227 criteria for gifted student classification generally and in
228 underrepresented groups.
229 (b) Eligibility criteria for academically talented student
230 classification. Such criteria shall identify students who are
231 not classified as gifted but who possess high achievement
232 capability in one or more academic subject areas and who would
233 benefit from participation in accelerated or differentiated
234 curricula learning opportunities.
235 (c) Annual screening procedures for the determination of
236 students who should be further evaluated for identification as
237 gifted or academically talented students. These procedures, at a
238 minimum, shall identify:
239 1. The most appropriate grade or grades within each of the
240 elementary, middle, and high school levels to administer such
241 screenings for all students.
242 2. One or more recommended screening instruments.
243 (d) Model gifted and academically talented student
244 education programs. The programs must include, but are not
245 limited to:
246 1. Classroom-based, school-based, and district-based
247 implementation options.
248 2. Subject matter acceleration opportunities,
249 differentiated curricula that address the exceptional learning
250 needs of gifted and academically talented students, and
251 enrichment activities that extend learning opportunities
252 available in the classroom.
253 (e) Procedures for annually evaluating the effectiveness of
254 model gifted and academically talented student education
255 programs.
256 (f) Procedures for evaluating students participating in
257 gifted or academically talented student education programs to
258 determine student performance and whether the students are
259 benefiting from, and continue to be eligible to participate in,
260 the programs.
261 (5) Upon delivery of its final report and recommendations,
262 the task force is abolished.
263 (6) This section shall take effect upon this act becoming a
264 law.
265 Section 6. Except as otherwise expressly provided in this
266 act and except for this section, which shall take effect upon
267 becoming a law, this act shall take effect July 1, 2010.