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 1003.572 Gifted 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 1003.573 Whole-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.