Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2482
       
       
       
       
       
       
                                Barcode 257424                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/29/2009 10:30 AM       .                                
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       Senator Wise moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 296 and 297
    4  insert:
    5         Section 8. Section 1003.572, Florida Statutes, is created
    6  to read:
    7         1003.572Gifted student education.—
    8         (1)For students in grades K through 12, each district
    9  school board shall annually:
   10         (a)Provide written notice to each student’s parent of the
   11  eligibility criteria for gifted student classification and the
   12  procedures for requesting an evaluation of a student to
   13  determine his or her eligibility for such classification.
   14         (b)Report to the department by school and grade level:
   15         1.The number of students classified as gifted. Such
   16  reporting shall separately identify the number of students
   17  classified as gifted under generally applicable criteria set
   18  forth in State Board of Education rule and under a department
   19  approved school district plan for increasing the participation
   20  of underrepresented groups.
   21         2.The types of gifted student education services that it
   22  provides and the number of students receiving each service. Such
   23  reporting shall:
   24         a.Separately identify gifted student education services
   25  that provide: direct instruction to a class consisting only of
   26  gifted students; differentiated instruction for gifted students
   27  within a class that also includes students who are not gifted;
   28  and noninstructional consultation services.
   29         b.Indicate the number of hours per week that each service
   30  identified under sub-subparagraph a. is provided to each gifted
   31  student and whether the service is provided by a teacher who has
   32  received the gifted endorsement under State Board of Education
   33  rule.
   34         3.Performance data for students receiving gifted student
   35  education services.
   36  
   37  When reporting the number of students under this paragraph,
   38  district school boards shall classify students according to
   39  race, ethnicity, limited English proficient status, and free or
   40  reduced-price lunch eligibility status under the National School
   41  Lunch Act.
   42         (2)The department shall develop data elements to
   43  facilitate district school board reporting under paragraph
   44  (1)(b).
   45         (3)The State Board of Education shall adopt rules pursuant
   46  to ss. 120.536(1) and 120.54 to implement this section.
   47         Section 9. Section 1003.573, Florida Statutes, is created
   48  to read:
   49         1003.573Whole-grade and subject matter acceleration.—
   50         (1)For students in grades K through 12, the department
   51  shall develop, and district school boards shall implement,
   52  statewide policies that set forth procedures and eligibility
   53  criteria for whole-grade and subject matter acceleration.
   54         (2)Each district school board shall report annually to the
   55  department by school and grade level: the number of, and
   56  performance data for, students who were accelerated one or more
   57  whole grades; the types of subject matter acceleration programs
   58  offered; and the number of, and performance data for, students
   59  who participated in subject matter acceleration programs. When
   60  reporting the number of students, district school boards shall
   61  classify students according to race, ethnicity, limited English
   62  proficient status, and free or reduced-price lunch eligibility
   63  status under the National School Lunch Act.
   64         (3)The department shall develop data elements to
   65  facilitate district school board reporting under subsection (2).
   66         (4)The State Board of Education shall adopt rules pursuant
   67  to ss. 120.536(1) and 120.54 to implement this section.
   68         Section 10. Paragraph (c) of subsection (3) of section
   69  1004.04, Florida Statutes, is amended to read:
   70         1004.04 Public accountability and state approval for
   71  teacher preparation programs.—
   72         (3) DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.—A system
   73  developed by the Department of Education in collaboration with
   74  postsecondary educational institutions shall assist departments
   75  and colleges of education in the restructuring of their programs
   76  in accordance with this section to meet the need for producing
   77  quality teachers now and in the future.
   78         (c) State-approved teacher preparation programs must
   79  incorporate:
   80         1. Appropriate English for Speakers of Other Languages
   81  instruction so that program graduates will have completed the
   82  requirements for teaching limited English proficient students in
   83  Florida public schools.
   84         2. Scientifically researched, knowledge-based reading
   85  literacy and computational skills instruction so that program
   86  graduates will be able to provide the necessary academic
   87  foundations for their students at whatever grade levels they
   88  choose to teach.
   89         3.Gifted student instruction so that program graduates
   90  will:
   91         a.Be able to recognize the characteristics of gifted
   92  students.
   93         b.Have knowledge of the eligibility criteria for gifted
   94  student classification and the procedures for referring a
   95  student for an evaluation to determine his or her eligibility
   96  for such classification.
   97         c.Have knowledge of how to differentiate the general
   98  education curriculum for gifted students.
   99         Section 11. Paragraph (e) of subsection (1) of section
  100  1011.62, Florida Statutes, is amended to read:
  101         1011.62 Funds for operation of schools.—If the annual
  102  allocation from the Florida Education Finance Program to each
  103  district for operation of schools is not determined in the
  104  annual appropriations act or the substantive bill implementing
  105  the annual appropriations act, it shall be determined as
  106  follows:
  107         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  108  OPERATION.—The following procedure shall be followed in
  109  determining the annual allocation to each district for
  110  operation:
  111         (e) Funding model for exceptional student education
  112  programs.—
  113         1.a. The funding model uses basic, at-risk, support levels
  114  IV and V for exceptional students and career Florida Education
  115  Finance Program cost factors, and a guaranteed allocation for
  116  exceptional student education programs. Exceptional education
  117  cost factors are determined by using a matrix of services to
  118  document the services that each exceptional student will
  119  receive. The nature and intensity of the services indicated on
  120  the matrix shall be consistent with the services described in
  121  each exceptional student’s individual educational plan.
  122         b. In order to generate funds using one of the two weighted
  123  cost factors, a matrix of services must be completed at the time
  124  of the student’s initial placement into an exceptional student
  125  education program and at least once every 3 years by personnel
  126  who have received approved training. Nothing listed in the
  127  matrix shall be construed as limiting the services a school
  128  district must provide in order to ensure that exceptional
  129  students are provided a free, appropriate public education.
  130         c. Students identified as exceptional, in accordance with
  131  chapter 6A-6, Florida Administrative Code, who do not have a
  132  matrix of services as specified in sub-subparagraph b. shall
  133  generate funds on the basis of full-time-equivalent student
  134  membership in the Florida Education Finance Program at the same
  135  funding level per student as provided for basic students.
  136  Additional funds for these exceptional students will be provided
  137  through the guaranteed allocation designated in subparagraph 2.
  138         2. For students identified as exceptional who do not have a
  139  matrix of services and students who are gifted in grades K
  140  through 8, there is created a guaranteed allocation to provide
  141  these students with a free appropriate public education, in
  142  accordance with s. 1001.42(4)(l)(m) and rules of the State Board
  143  of Education, which shall be allocated annually to each school
  144  district in the amount provided in the General Appropriations
  145  Act. These funds shall be in addition to the funds appropriated
  146  on the basis of FTE student membership in the Florida Education
  147  Finance Program, and the amount allocated for each school
  148  district shall not be recalculated during the year. These funds
  149  shall be used to provide special education and related services
  150  for exceptional students and students who are gifted in grades K
  151  through 8. Beginning with the 2007-2008 fiscal year, a
  152  district’s expenditure of funds from the guaranteed allocation
  153  for students in grades 9 through 12 who are gifted may not be
  154  greater than the amount expended during the 2006-2007 fiscal
  155  year for gifted students in grades 9 through 12. Each district
  156  school board in its annual financial report to the department
  157  shall separately identify the following amounts expended from
  158  the guaranteed allocation:
  159         a.The amount expended for students identified as
  160  exceptional who do not have a matrix of services.
  161         b.The amount expended for gifted students in grades K
  162  through 12 according to grade level.
  163         Section 12. Gifted and Academically Talented Student Task
  164  Force.—
  165         (1)There is created the Gifted and Academically Talented
  166  Student Task Force. The task force is composed of the following
  167  seven members:
  168         (a)The chair of the State Board of Education or his or her
  169  designee, who shall serve as chair.
  170         (b)The Commissioner of Education or his or her designee,
  171  who shall serve as vice chair.
  172         (c)Four members who collectively have experience in gifted
  173  and academically talented student screening, identification, and
  174  education, one of whom shall be appointed by the Governor, one
  175  of whom shall be appointed by the President of the Senate, one
  176  of whom shall be appointed by the Speaker of the House of
  177  Representatives, and one of whom shall be appointed by the chair
  178  of the State Board of Education.
  179         (d)One member who represents an advocacy group for parents
  180  of gifted children who shall be appointed by the Governor.
  181         (2)The members of the task force shall be appointed by
  182  October 1, 2009, and shall convene the initial meeting of the
  183  task force by November 1, 2009.
  184         (3)The task force is assigned to the Department of
  185  Education for administrative purposes. Members of the task force
  186  shall serve without compensation and are not entitled to receive
  187  reimbursement for per diem and travel expenses under s. 112.061.
  188  Meetings may be held via teleconference or other electronic
  189  means. Members of the task force are subject to the Code of
  190  Ethics for Public Officers and Employees under part III of
  191  chapter 112, Florida Statutes.
  192         (4)By February 1, 2010, the task force shall submit a
  193  report to the Governor, the President of the Senate, and the
  194  Speaker of the House of Representatives that includes, but is
  195  not limited to, recommendations, based upon peer-reviewed
  196  research and the members’ collective expertise, for the
  197  following:
  198         (a)Revisions to statute and rule governing eligibility
  199  criteria for gifted student classification generally and in
  200  underrepresented groups.
  201         (b)Eligibility criteria for academically talented student
  202  classification. Such criteria shall identify students who are
  203  not classified as gifted but who possess high achievement
  204  capability in one or more academic subject areas and who would
  205  benefit from participation in accelerated or differentiated
  206  curricula learning opportunities.
  207         (c)Annual screening procedures for the determination of
  208  students who should be further evaluated for identification as
  209  gifted or academically talented students. These procedures, at a
  210  minimum, shall identify:
  211         1.The most appropriate grade or grades within each of the
  212  elementary, middle, and high school levels to administer such
  213  screenings for all students.
  214         2.One or more recommended screening instruments.
  215         (d)Model gifted and academically talented student
  216  education programs. The programs must include, but are not
  217  limited to:
  218         1.Classroom-based, school-based, and district-based
  219  implementation options.
  220         2.Subject matter acceleration opportunities,
  221  differentiated curricula that address the exceptional learning
  222  needs of gifted and academically talented students, and
  223  enrichment activities that extend learning opportunities
  224  available in the classroom.
  225         (e)Procedures for annually evaluating the effectiveness of
  226  model gifted and academically talented student education
  227  programs.
  228         (f)Procedures for evaluating students participating in
  229  gifted or academically talented student education programs to
  230  determine student performance and whether the students are
  231  benefiting from, and continue to be eligible to participate in,
  232  the programs.
  233         (5)Upon delivery of its final report and recommendations,
  234  the task force is abolished.
  235         (6)This section shall take effect upon this act becoming a
  236  law.
  237  
  238  ================= T I T L E  A M E N D M E N T ================
  239         And the title is amended as follows:
  240         Delete line 35
  241  and insert:
  242         the Florida School Recognition Program; creating s.
  243         1003.572, F.S.; requiring district school boards to
  244         provide parental notice of requirements and procedures
  245         for requesting evaluations for gifted student
  246         classification; requiring district school board
  247         reporting of gifted student classification, services,
  248         and performance data; requiring the Department of
  249         Education to develop data elements for district
  250         reporting; requiring rulemaking; creating s. 1003.573,
  251         F.S.; requiring the department to develop procedures
  252         and eligibility criteria for whole-grade and subject
  253         matter acceleration; requiring district school boards
  254         to implement procedures and eligibility criteria;
  255         requiring district school board reporting of student
  256         acceleration data; requiring the department to develop
  257         data elements for district reporting; requiring
  258         rulemaking; amending s. 1004.04, F.S.; requiring
  259         state-approved teacher preparation programs to
  260         incorporate specified gifted student instruction;
  261         amending s. 1011.62, F.S.; requiring certain school
  262         district guaranteed allocation expenditures to be
  263         reported separately; creating the Gifted and
  264         Academically Talented Student Task Force within the
  265         department; designating members; requiring members to
  266         serve without compensation or reimbursement for per
  267         diem and travel expenses; requiring the task force to
  268         submit a report to the Governor and Legislature;
  269         providing report requirements; providing for the
  270         future abolishment of the task force; providing an