Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. HB 7087, 2nd Eng.
       
       
       
       
       
       
                                Barcode 195462                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/29/2009 10:28 AM       .                                
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       Senator Wise moved the following:
       
    1         Senate Amendment to Amendment (413008) (with title
    2  amendment)
    3  
    4         Between lines 263 and 264
    5  insert:
    6         Section 9. Section 1003.572, Florida Statutes, is created
    7  to read:
    8         1003.572Gifted student education.—
    9         (1)For students in grades K through 12, each district
   10  school board shall annually:
   11         (a)Provide written notice to each student’s parent of the
   12  eligibility criteria for gifted student classification and the
   13  procedures for requesting an evaluation of a student to
   14  determine his or her eligibility for such classification.
   15         (b)Report to the department by school and grade level:
   16         1.The number of students classified as gifted. Such
   17  reporting shall separately identify the number of students
   18  classified as gifted under generally applicable criteria set
   19  forth in State Board of Education rule and under a department
   20  approved school district plan for increasing the participation
   21  of underrepresented groups.
   22         2.The types of gifted student education services that it
   23  provides and the number of students receiving each service. Such
   24  reporting shall:
   25         a.Separately identify gifted student education services
   26  that provide: direct instruction to a class consisting only of
   27  gifted students; differentiated instruction for gifted students
   28  within a class that also includes students who are not gifted;
   29  and noninstructional consultation services.
   30         b.Indicate the number of hours per week that each service
   31  identified under sub-subparagraph a. is provided to each gifted
   32  student and whether the service is provided by a teacher who has
   33  received the gifted endorsement under State Board of Education
   34  rule.
   35         3.Performance data for students receiving gifted student
   36  education services.
   37  
   38  When reporting the number of students under this paragraph,
   39  district school boards shall classify students according to
   40  race, ethnicity, limited English proficient status, and free or
   41  reduced-price lunch eligibility status under the National School
   42  Lunch Act.
   43         (2)The department shall develop data elements to
   44  facilitate district school board reporting under paragraph
   45  (1)(b).
   46         (3)The State Board of Education shall adopt rules pursuant
   47  to ss. 120.536(1) and 120.54 to implement this section.
   48         Section 10. Section 1003.573, Florida Statutes, is created
   49  to read:
   50         1003.573Whole-grade and subject matter acceleration.—
   51         (1)For students in grades K through 12, the department
   52  shall develop, and district school boards shall implement,
   53  statewide policies that set forth procedures and eligibility
   54  criteria for whole-grade and subject matter acceleration.
   55         (2)Each district school board shall report annually to the
   56  department by school and grade level: the number of, and
   57  performance data for, students who were accelerated one or more
   58  whole grades; the types of subject matter acceleration programs
   59  offered; and the number of, and performance data for, students
   60  who participated in subject matter acceleration programs. When
   61  reporting the number of students, district school boards shall
   62  classify students according to race, ethnicity, limited English
   63  proficient status, and free or reduced-price lunch eligibility
   64  status under the National School Lunch Act.
   65         (3)The department shall develop data elements to
   66  facilitate district school board reporting under subsection (2).
   67         (4)The State Board of Education shall adopt rules pursuant
   68  to ss. 120.536(1) and 120.54 to implement this section.
   69         Section 11. Paragraph (c) of subsection (3) of section
   70  1004.04, Florida Statutes, is amended to read:
   71         1004.04 Public accountability and state approval for
   72  teacher preparation programs.—
   73         (3) DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.—A system
   74  developed by the Department of Education in collaboration with
   75  postsecondary educational institutions shall assist departments
   76  and colleges of education in the restructuring of their programs
   77  in accordance with this section to meet the need for producing
   78  quality teachers now and in the future.
   79         (c) State-approved teacher preparation programs must
   80  incorporate:
   81         1. Appropriate English for Speakers of Other Languages
   82  instruction so that program graduates will have completed the
   83  requirements for teaching limited English proficient students in
   84  Florida public schools.
   85         2. Scientifically researched, knowledge-based reading
   86  literacy and computational skills instruction so that program
   87  graduates will be able to provide the necessary academic
   88  foundations for their students at whatever grade levels they
   89  choose to teach.
   90         3.Gifted student instruction so that program graduates
   91  will:
   92         a.Be able to recognize the characteristics of gifted
   93  students.
   94         b.Have knowledge of the eligibility criteria for gifted
   95  student classification and the procedures for referring a
   96  student for an evaluation to determine his or her eligibility
   97  for such classification.
   98         c.Have knowledge of how to differentiate the general
   99  education curriculum for gifted students.
  100         Section 12. Paragraph (e) of subsection (1) of section
  101  1011.62, Florida Statutes, is amended to read:
  102         1011.62 Funds for operation of schools.—If the annual
  103  allocation from the Florida Education Finance Program to each
  104  district for operation of schools is not determined in the
  105  annual appropriations act or the substantive bill implementing
  106  the annual appropriations act, it shall be determined as
  107  follows:
  108         (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
  109  OPERATION.—The following procedure shall be followed in
  110  determining the annual allocation to each district for
  111  operation:
  112         (e) Funding model for exceptional student education
  113  programs.—
  114         1.a. The funding model uses basic, at-risk, support levels
  115  IV and V for exceptional students and career Florida Education
  116  Finance Program cost factors, and a guaranteed allocation for
  117  exceptional student education programs. Exceptional education
  118  cost factors are determined by using a matrix of services to
  119  document the services that each exceptional student will
  120  receive. The nature and intensity of the services indicated on
  121  the matrix shall be consistent with the services described in
  122  each exceptional student’s individual educational plan.
  123         b. In order to generate funds using one of the two weighted
  124  cost factors, a matrix of services must be completed at the time
  125  of the student’s initial placement into an exceptional student
  126  education program and at least once every 3 years by personnel
  127  who have received approved training. Nothing listed in the
  128  matrix shall be construed as limiting the services a school
  129  district must provide in order to ensure that exceptional
  130  students are provided a free, appropriate public education.
  131         c. Students identified as exceptional, in accordance with
  132  chapter 6A-6, Florida Administrative Code, who do not have a
  133  matrix of services as specified in sub-subparagraph b. shall
  134  generate funds on the basis of full-time-equivalent student
  135  membership in the Florida Education Finance Program at the same
  136  funding level per student as provided for basic students.
  137  Additional funds for these exceptional students will be provided
  138  through the guaranteed allocation designated in subparagraph 2.
  139         2. For students identified as exceptional who do not have a
  140  matrix of services and students who are gifted in grades K
  141  through 8, there is created a guaranteed allocation to provide
  142  these students with a free appropriate public education, in
  143  accordance with s. 1001.42(4)(l)(m) and rules of the State Board
  144  of Education, which shall be allocated annually to each school
  145  district in the amount provided in the General Appropriations
  146  Act. These funds shall be in addition to the funds appropriated
  147  on the basis of FTE student membership in the Florida Education
  148  Finance Program, and the amount allocated for each school
  149  district shall not be recalculated during the year. These funds
  150  shall be used to provide special education and related services
  151  for exceptional students and students who are gifted in grades K
  152  through 8. Beginning with the 2007-2008 fiscal year, a
  153  district’s expenditure of funds from the guaranteed allocation
  154  for students in grades 9 through 12 who are gifted may not be
  155  greater than the amount expended during the 2006-2007 fiscal
  156  year for gifted students in grades 9 through 12. Each district
  157  school board in its annual financial report to the department
  158  shall separately identify the following amounts expended from
  159  the guaranteed allocation:
  160         a.The amount expended for students identified as
  161  exceptional who do not have a matrix of services.
  162         b.The amount expended for gifted students in grades K
  163  through 12 according to grade level.
  164         Section 13. Gifted and Academically Talented Student Task
  165  Force.—
  166         (1)There is created the Gifted and Academically Talented
  167  Student Task Force. The task force is composed of the following
  168  seven members:
  169         (a)The chair of the State Board of Education or his or her
  170  designee, who shall serve as chair.
  171         (b)The Commissioner of Education or his or her designee,
  172  who shall serve as vice chair.
  173         (c)Four members who collectively have experience in gifted
  174  and academically talented student screening, identification, and
  175  education, one of whom shall be appointed by the Governor, one
  176  of whom shall be appointed by the President of the Senate, one
  177  of whom shall be appointed by the Speaker of the House of
  178  Representatives, and one of whom shall be appointed by the chair
  179  of the State Board of Education.
  180         (d)One member who represents an advocacy group for parents
  181  of gifted children who shall be appointed by the Governor.
  182         (2)The members of the task force shall be appointed by
  183  October 1, 2009, and shall convene the initial meeting of the
  184  task force by November 1, 2009.
  185         (3)The task force is assigned to the Department of
  186  Education for administrative purposes. Members of the task force
  187  shall serve without compensation and are not entitled to receive
  188  reimbursement for per diem and travel expenses under s. 112.061.
  189  Meetings may be held via teleconference or other electronic
  190  means. Members of the task force are subject to the Code of
  191  Ethics for Public Officers and Employees under part III of
  192  chapter 112, Florida Statutes.
  193         (4)By February 1, 2010, the task force shall submit a
  194  report to the Governor, the President of the Senate, and the
  195  Speaker of the House of Representatives that includes, but is
  196  not limited to, recommendations, based upon peer-reviewed
  197  research and the members’ collective expertise, for the
  198  following:
  199         (a)Revisions to statute and rule governing eligibility
  200  criteria for gifted student classification generally and in
  201  underrepresented groups.
  202         (b)Eligibility criteria for academically talented student
  203  classification. Such criteria shall identify students who are
  204  not classified as gifted but who possess high achievement
  205  capability in one or more academic subject areas and who would
  206  benefit from participation in accelerated or differentiated
  207  curricula learning opportunities.
  208         (c)Annual screening procedures for the determination of
  209  students who should be further evaluated for identification as
  210  gifted or academically talented students. These procedures, at a
  211  minimum, shall identify:
  212         1.The most appropriate grade or grades within each of the
  213  elementary, middle, and high school levels to administer such
  214  screenings for all students.
  215         2.One or more recommended screening instruments.
  216         (d)Model gifted and academically talented student
  217  education programs. The programs must include, but are not
  218  limited to:
  219         1.Classroom-based, school-based, and district-based
  220  implementation options.
  221         2.Subject matter acceleration opportunities,
  222  differentiated curricula that address the exceptional learning
  223  needs of gifted and academically talented students, and
  224  enrichment activities that extend learning opportunities
  225  available in the classroom.
  226         (e)Procedures for annually evaluating the effectiveness of
  227  model gifted and academically talented student education
  228  programs.
  229         (f)Procedures for evaluating students participating in
  230  gifted or academically talented student education programs to
  231  determine student performance and whether the students are
  232  benefiting from, and continue to be eligible to participate in,
  233  the programs.
  234         (5)Upon delivery of its final report and recommendations,
  235  the task force is abolished.
  236         (6)This section shall take effect upon this act becoming a
  237  law.
  238  
  239  ================= T I T L E  A M E N D M E N T ================
  240         And the title is amended as follows:
  241         Delete line 307
  242  and insert:
  243         creating s. 1003.572, F.S.; requiring district school
  244         boards to provide parental notice of requirements and
  245         procedures for requesting evaluations for gifted
  246         student classification; requiring district school
  247         board reporting of gifted student classification,
  248         services, and performance data; requiring the
  249         Department of Education to develop data elements for
  250         district reporting; requiring rulemaking; creating s.
  251         1003.573, F.S.; requiring the department to develop
  252         procedures and eligibility criteria for whole-grade
  253         and subject matter acceleration; requiring district
  254         school boards to implement procedures and eligibility
  255         criteria; requiring district school board reporting of
  256         student acceleration data; requiring the department to
  257         develop data elements for district reporting;
  258         requiring rulemaking; amending s. 1004.04, F.S.;
  259         requiring state-approved teacher preparation programs
  260         to 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
  271         effective date.