HB 297

1
A bill to be entitled
2An act relating to gifted and academically talented
3student education; creating s. 1003.572, F.S.; requiring
4the Department of Education to develop procedures for
5screening students for identification as gifted or
6academically talented students; specifying parental
7notice and other requirements for such screening;
8requiring the department to develop eligibility criteria
9for gifted and academically talented student
10identification and specifying criteria therefor;
11requiring the department to develop model gifted and
12academically talented student education programs and
13specifying program requirements; requiring the
14department to develop procedures for evaluating the
15effectiveness of model education programs; requiring the
16department to develop procedures and eligibility
17criteria for whole-grade acceleration; requiring
18district school boards to implement screening
19procedures, eligibility criteria, model education
20programs, evaluation procedures, and whole-grade
21acceleration policies; requiring district school board
22reporting; requiring rulemaking; amending s. 1004.04,
23F.S.; requiring state-approved teacher preparation
24programs to incorporate specified gifted and
25academically talented student instruction; amending s.
261011.62, F.S.; requiring certain school district
27guaranteed allocation expenditures to be reported
28separately; providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Section 1003.572, Florida Statutes, is
33created to read:
34     1003.572  Gifted and academically talented student
35education.--
36     (1)  The Department of Education shall develop, and
37district school boards shall implement:
38     (a)  Screening procedures for the determination of
39students who should be further evaluated for identification as
40a gifted or an academically talented student. The screening
41shall be annually conducted for all students in an elementary,
42middle, and high school grade level designated by the
43department, based upon peer-reviewed research, to be the most
44appropriate time for such screening and shall also be made
45available at least annually to students in all other K through
4612 grade levels upon written request by a student's parent or
47teacher. Each district school board shall annually provide
48written notification to parents of students in grades K
49through 12 of the availability of such screening.
50     (b)  Eligibility criteria for gifted and academically
51talented student identification that includes, but is not
52limited to, demonstration of a need for services or activities
53not ordinarily provided by the school in order to fully
54develop the student's capabilities and demonstration of:
55     1.  Superior intellectual development on a standardized
56intelligence test for gifted student identification; or
57     2.  High achievement capability in one or more academic
58subject areas for academically talented student
59identification.
60     (c)  Model gifted and academically talented student
61education programs for students identified under paragraph
62(b). The programs must:
63     1.  Be based upon best practices set forth in peer-
64reviewed research.
65     2.  Include classroom-based, school-based, and district-
66based implementation options.
67     3.  Include, but are not limited to, subject matter
68acceleration opportunities, differentiated curricula that
69address the exceptional learning needs of gifted and
70academically talented students, and enrichment activities that
71extend learning opportunities available in the classroom.
72     (d)  Procedures for annually evaluating the effectiveness
73of model gifted and academically talented student education
74programs.
75     (e)  Policies that set forth procedures and eligibility
76criteria for whole-grade acceleration.
77     (2)  Each student participating in a gifted or
78academically talented student education program shall be
79evaluated at least every 3 years according to procedures
80developed by the department to determine whether the student
81is benefiting from, and continues to be eligible to
82participate in, the program.
83     (3)  Each district school board shall report annually to
84the department by school and grade level: the number of
85students screened and identified under subsection (1); the
86types of gifted and academically talented student education
87programs that it offers; the number of, and performance data
88for, students in such programs; and the number of students who
89were accelerated one or more whole grades. When reporting the
90number of students, district school boards shall classify
91students according to race, ethnicity, and national origin.
92     (4)  The State Board of Education shall adopt rules
93pursuant to ss. 120.536(1) and 120.54 necessary to implement
94this section.
95     Section 2.  Paragraph (c) of subsection (3) of section
961004.04, Florida Statutes, is amended to read:
97     1004.04  Public accountability and state approval for
98teacher preparation programs.--
99     (3)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A
100system developed by the Department of Education in
101collaboration with postsecondary educational institutions
102shall assist departments and colleges of education in the
103restructuring of their programs in accordance with this
104section to meet the need for producing quality teachers now
105and in the future.
106     (c)  State-approved teacher preparation programs must
107incorporate:
108     1.  Appropriate English for Speakers of Other Languages
109instruction so that program graduates will have completed the
110requirements for teaching limited English proficient students
111in Florida public schools.
112     2.  Scientifically researched, knowledge-based reading
113literacy and computational skills instruction so that program
114graduates will be able to provide the necessary academic
115foundations for their students at whatever grade levels they
116choose to teach.
117     3.  Gifted and academically talented student instruction
118so that program graduates will be able to recognize the
119characteristics of a gifted or academically talented student
120and will have knowledge of the requirements under s. 1003.572
121for the screening, identification, and education of such
122students.
123     Section 3.  Paragraph (e) of subsection (1) of section
1241011.62, Florida Statutes, is amended to read:
125     1011.62  Funds for operation of schools.--If the annual
126allocation from the Florida Education Finance Program to each
127district for operation of schools is not determined in the
128annual appropriations act or the substantive bill implementing
129the annual appropriations act, it shall be determined as
130follows:
131     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
132OPERATION.--The following procedure shall be followed in
133determining the annual allocation to each district for
134operation:
135     (e)  Funding model for exceptional student education
136programs.--
137     1.a.  The funding model uses basic, at-risk, support
138levels IV and V for exceptional students and career Florida
139Education Finance Program cost factors, and a guaranteed
140allocation for exceptional student education programs.
141Exceptional education cost factors are determined by using a
142matrix of services to document the services that each
143exceptional student will receive. The nature and intensity of
144the services indicated on the matrix shall be consistent with
145the services described in each exceptional student's
146individual educational plan.
147     b.  In order to generate funds using one of the two
148weighted cost factors, a matrix of services must be completed
149at the time of the student's initial placement into an
150exceptional student education program and at least once every
1513 years by personnel who have received approved training.
152Nothing listed in the matrix shall be construed as limiting
153the services a school district must provide in order to ensure
154that exceptional students are provided a free, appropriate
155public education.
156     c.  Students identified as exceptional, in accordance
157with chapter 6A-6, Florida Administrative Code, who do not
158have a matrix of services as specified in sub-subparagraph b.
159shall generate funds on the basis of full-time-equivalent
160student membership in the Florida Education Finance Program at
161the same funding level per student as provided for basic
162students. Additional funds for these exceptional students will
163be provided through the guaranteed allocation designated in
164subparagraph 2.
165     2.  For students identified as exceptional who do not
166have a matrix of services and students who are gifted in
167grades K through 8, there is created a guaranteed allocation
168to provide these students with a free appropriate public
169education, in accordance with s. 1001.42(4)(l)(m) and rules of
170the State Board of Education, which shall be allocated
171annually to each school district in the amount provided in the
172General Appropriations Act. These funds shall be in addition
173to the funds appropriated on the basis of FTE student
174membership in the Florida Education Finance Program, and the
175amount allocated for each school district shall not be
176recalculated during the year. These funds shall be used to
177provide special education and related services for exceptional
178students and students who are gifted in grades K through 8.
179Beginning with the 2007-2008 fiscal year, a district's
180expenditure of funds from the guaranteed allocation for
181students in grades 9 through 12 who are gifted may not be
182greater than the amount expended during the 2006-2007 fiscal
183year for gifted students in grades 9 through 12. Each district
184school board in its annual financial report to the department
185shall separately identify the amount expended from the
186guaranteed allocation for students identified as exceptional
187who do not have a matrix of services and for gifted students
188in grades K through 12.
189     Section 4.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.