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A bill to be entitled

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An act relating to gifted and academically talented

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student education; creating s. 1003.572, F.S.; requiring

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the Department of Education to develop procedures for

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screening students for identification as gifted or

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academically talented students; specifying parental notice

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and other requirements for such screening; requiring the

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department to develop eligibility criteria for gifted and

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academically talented student identification and

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specifying criteria therefor; requiring the department to

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develop model gifted and academically talented student

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education programs and specifying program requirements;

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requiring the department to develop procedures for

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evaluating the effectiveness of model education programs;

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requiring the department to develop procedures and

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eligibility criteria for whole-grade acceleration;

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requiring district school boards to implement screening

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procedures, eligibility criteria, model education

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programs, evaluation procedures, and whole-grade

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acceleration policies; requiring district school board

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reporting; requiring rulemaking; amending s. 1004.04,

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F.S.; requiring state-approved teacher preparation

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programs to incorporate specified gifted and academically

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talented student instruction; amending s. 1011.62, F.S.;

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requiring certain school district guaranteed allocation

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expenditures to be reported separately; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 1003.572, Florida Statutes, is created

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to read:

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     1003.572 Gifted and academically talented student

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education.--

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     (1) The Department of Education shall develop, and district

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school boards shall implement:

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     (a) Screening procedures for the determination of students

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who should be further evaluated for identification as a gifted or

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an academically talented student. The screening shall be annually

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conducted for all students in an elementary, middle, and high

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school grade level designated by the department, based upon peer-

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reviewed research, to be the most appropriate time for such

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screening and shall also be made available at least annually to

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students in all other K through 12 grade levels upon written

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request by a student's parent or teacher. Each district school

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board shall annually provide written notification to parents of

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students in grades K through 12 of the availability of such

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screening.

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     (b) Eligibility criteria for gifted and academically

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talented student identification which includes, but is not

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limited to, demonstration of a need for services or activities

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not ordinarily provided by the school in order to fully develop

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the student's capabilities and demonstration of:

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     1. Superior intellectual development on a standardized

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intelligence test for gifted student identification; or

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     2. High achievement capability in one or more academic

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subject areas for academically talented student identification.

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     (c) Model gifted and academically talented student

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education programs for students identified under paragraph (b).

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The programs must:

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     1. Be based upon best practices set forth in peer-reviewed

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research.

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     2. Include classroom-based, school-based, and district-

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based implementation options.

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     3. Include, but are not limited to, subject matter

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acceleration opportunities, differentiated curricula that address

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the exceptional learning needs of gifted and academically

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talented students, and enrichment activities that extend learning

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opportunities available in the classroom.

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     (d) Procedures for annually evaluating the effectiveness of

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model gifted and academically talented student education

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programs.

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     (e) Policies that set forth procedures and eligibility

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criteria for whole-grade acceleration.

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     (2) Each student participating in a gifted or academically

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talented student education program shall be evaluated at least

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every 3 years according to procedures developed by the department

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to determine whether the student is benefiting from, and

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continues to be eligible to participate in, the program.

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     (3) Each district school board shall report annually to the

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department by school and grade level: the number of students

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screened and identified under subsection (1); the types of gifted

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and academically talented student education programs that it

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offers; the number of, and performance data for, students in such

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programs; and the number of students who were accelerated one or

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more whole grades. When reporting the number of students,

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district school boards shall classify students according to race,

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ethnicity, and national origin.

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     (4) The State Board of Education shall adopt rules pursuant

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to ss. 120.536(1) and 120.54 necessary to implement this section.

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     Section 2.  Paragraph (c) of subsection (3) of section

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1004.04, Florida Statutes, is amended to read:

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     1004.04  Public accountability and state approval for

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teacher preparation programs.--

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     (3)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A system

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developed by the Department of Education in collaboration with

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postsecondary educational institutions shall assist departments

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and colleges of education in the restructuring of their programs

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in accordance with this section to meet the need for producing

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quality teachers now and in the future.

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     (c)  State-approved teacher preparation programs must

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incorporate:

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     1.  Appropriate English for Speakers of Other Languages

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instruction so that program graduates will have completed the

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requirements for teaching limited English proficient students in

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Florida public schools.

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     2.  Scientifically researched, knowledge-based reading

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literacy and computational skills instruction so that program

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graduates will be able to provide the necessary academic

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foundations for their students at whatever grade levels they

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choose to teach.

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     3. Gifted and academically talented student instruction so

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that program graduates will be able to recognize the

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characteristics of a gifted or academically talented student and

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will have knowledge of the requirements under s. 1003.572 for the

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screening, identification, and education of such students.

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     Section 3.  Paragraph (e) of subsection (1) of section

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1011.62, Florida Statutes, is amended to read:

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     1011.62  Funds for operation of schools.--If the annual

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allocation from the Florida Education Finance Program to each

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district for operation of schools is not determined in the annual

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appropriations act or the substantive bill implementing the

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annual appropriations act, it shall be determined as follows:

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     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

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OPERATION.--The following procedure shall be followed in

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determining the annual allocation to each district for operation:

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     (e)  Funding model for exceptional student education

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programs.--

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     1.a.  The funding model uses basic, at-risk, support levels

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IV and V for exceptional students and career Florida Education

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Finance Program cost factors, and a guaranteed allocation for

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exceptional student education programs. Exceptional education

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cost factors are determined by using a matrix of services to

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document the services that each exceptional student will receive.

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The nature and intensity of the services indicated on the matrix

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shall be consistent with the services described in each

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exceptional student's individual educational plan.

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     b.  In order to generate funds using one of the two weighted

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cost factors, a matrix of services must be completed at the time

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of the student's initial placement into an exceptional student

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education program and at least once every 3 years by personnel

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who have received approved training. Nothing listed in the matrix

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shall be construed as limiting the services a school district

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must provide in order to ensure that exceptional students are

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provided a free, appropriate public education.

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     c.  Students identified as exceptional, in accordance with

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chapter 6A-6, Florida Administrative Code, who do not have a

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matrix of services as specified in sub-subparagraph b. shall

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generate funds on the basis of full-time-equivalent student

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membership in the Florida Education Finance Program at the same

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funding level per student as provided for basic students.

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Additional funds for these exceptional students will be provided

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through the guaranteed allocation designated in subparagraph 2.

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     2.  For students identified as exceptional who do not have a

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matrix of services and students who are gifted in grades K

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through 8, there is created a guaranteed allocation to provide

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these students with a free appropriate public education, in

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accordance with s. 1001.42(4)(l)(m) and rules of the State Board

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of Education, which shall be allocated annually to each school

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district in the amount provided in the General Appropriations

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Act. These funds shall be in addition to the funds appropriated

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on the basis of FTE student membership in the Florida Education

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Finance Program, and the amount allocated for each school

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district shall not be recalculated during the year. These funds

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shall be used to provide special education and related services

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for exceptional students and students who are gifted in grades K

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through 8. Beginning with the 2007-2008 fiscal year, a district's

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expenditure of funds from the guaranteed allocation for students

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in grades 9 through 12 who are gifted may not be greater than the

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amount expended during the 2006-2007 fiscal year for gifted

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students in grades 9 through 12. Each district school board in

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its annual financial report to the department shall separately

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identify the amount expended from the guaranteed allocation for

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students identified as exceptional who do not have a matrix of

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services and for gifted students in grades K through 12.

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     Section 4.  This act shall take effect July 1, 2008.