CS/HB 297

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

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