Amendment
Bill No. HB 7087
Amendment No. 737217
CHAMBER ACTION
Senate House
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1Representative Legg offered the following:
2
3     Amendment (with title amendment)
4     Remove line 674 and insert:
5
6     Section 10.  Effective July 1, 2010, section 1003.572,
7Florida Statutes, is created to read:
8     1003.572  Gifted student education.--
9     (1)  For students in grades K through 12, each district
10school board shall annually:
11     (a)  Provide written notice to each student's parent of the
12eligibility criteria for gifted student classification and the
13procedures for requesting an evaluation of a student to
14determine 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
17reporting shall separately identify the number of students
18classified as gifted under generally applicable criteria set
19forth in State Board of Education rule and under a department-
20approved school district plan for increasing the participation
21of underrepresented groups.
22     2.  The types of gifted student education services that it
23provides and the number of students receiving each service. Such
24reporting shall:
25     a.  Separately identify gifted student education services
26that provide: direct instruction to a class consisting only of
27gifted students; differentiated instruction for gifted students
28within a class that also includes students who are not gifted;
29and noninstructional consultation services.
30     b.  Indicate the number of hours per week that each service
31identified under sub-subparagraph a. is provided to each gifted
32student and whether the service is provided by a teacher who has
33received the gifted endorsement under State Board of Education
34rule.
35     3.  Performance data for students receiving gifted student
36education services.
37
38When reporting the number of students under this paragraph,
39district school boards shall classify students according to
40race, ethnicity, limited English proficient status, and free or
41reduced-price lunch eligibility status under the National School
42Lunch Act.
43     (2)  The department shall develop data elements to
44facilitate district school board reporting under paragraph
45(1)(b).
46     (3)  The State Board of Education shall adopt rules
47pursuant to ss. 120.536(1) and 120.54 to implement this section.
48     Section 11.  Effective July 1, 2010, section 1003.573,
49Florida Statutes, is created to read:
50     1003.573  Whole-grade and subject matter acceleration.--
51     (1)  For students in grades K through 12, the department
52shall develop, and district school boards shall implement,
53statewide policies that set forth procedures and eligibility
54criteria for whole-grade and subject matter acceleration.
55     (2)  Each district school board shall report annually to
56the department by school and grade level: the number of, and
57performance data for, students who were accelerated one or more
58whole grades; the types of subject matter acceleration programs
59offered; and the number of, and performance data for, students
60who participated in subject matter acceleration programs. When
61reporting the number of students, district school boards shall
62classify students according to race, ethnicity, limited English
63proficient status, and free or reduced-price lunch eligibility
64status under the National School Lunch Act.
65     (3)  The department shall develop data elements to
66facilitate district school board reporting under subsection (2).
67     (4)  The State Board of Education shall adopt rules
68pursuant to ss. 120.536(1) and 120.54 to implement this section.
69     Section 12.  Effective July 1, 2010, paragraph (c) of
70subsection (3) of section 1004.04, Florida Statutes, is amended
71to read:
72     1004.04  Public accountability and state approval for
73teacher preparation programs.--
74     (3)  DEVELOPMENT OF TEACHER PREPARATION PROGRAMS.--A system
75developed by the Department of Education in collaboration with
76postsecondary educational institutions shall assist departments
77and colleges of education in the restructuring of their programs
78in accordance with this section to meet the need for producing
79quality teachers now and in the future.
80     (c)  State-approved teacher preparation programs must
81incorporate:
82     1.  Appropriate English for Speakers of Other Languages
83instruction so that program graduates will have completed the
84requirements for teaching limited English proficient students in
85Florida public schools.
86     2.  Scientifically researched, knowledge-based reading
87literacy and computational skills instruction so that program
88graduates will be able to provide the necessary academic
89foundations for their students at whatever grade levels they
90choose to teach.
91     3.  Gifted student instruction so that program graduates
92will:
93     a.  Be able to recognize the characteristics of gifted
94students.
95     b.  Have knowledge of the eligibility criteria for gifted
96student classification and the procedures for referring a
97student for an evaluation to determine his or her eligibility
98for such classification.
99     c.  Have knowledge of how to differentiate the general
100education curriculum for gifted students.
101     Section 13.  Effective July 1, 2010, paragraph (e) of
102subsection (1) of section 1011.62, Florida Statutes, is amended
103to read:
104     1011.62  Funds for operation of schools.--If the annual
105allocation from the Florida Education Finance Program to each
106district for operation of schools is not determined in the
107annual appropriations act or the substantive bill implementing
108the annual appropriations act, it shall be determined as
109follows:
110     (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
111OPERATION.--The following procedure shall be followed in
112determining the annual allocation to each district for
113operation:
114     (e)  Funding model for exceptional student education
115programs.--
116     1.a.  The funding model uses basic, at-risk, support levels
117IV and V for exceptional students and career Florida Education
118Finance Program cost factors, and a guaranteed allocation for
119exceptional student education programs. Exceptional education
120cost factors are determined by using a matrix of services to
121document the services that each exceptional student will
122receive. The nature and intensity of the services indicated on
123the matrix shall be consistent with the services described in
124each exceptional student's individual educational plan.
125     b.  In order to generate funds using one of the two
126weighted cost factors, a matrix of services must be completed at
127the time of the student's initial placement into an exceptional
128student education program and at least once every 3 years by
129personnel who have received approved training. Nothing listed in
130the matrix shall be construed as limiting the services a school
131district must provide in order to ensure that exceptional
132students are provided a free, appropriate public education.
133     c.  Students identified as exceptional, in accordance with
134chapter 6A-6, Florida Administrative Code, who do not have a
135matrix of services as specified in sub-subparagraph b. shall
136generate funds on the basis of full-time-equivalent student
137membership in the Florida Education Finance Program at the same
138funding level per student as provided for basic students.
139Additional funds for these exceptional students will be provided
140through the guaranteed allocation designated in subparagraph 2.
141     2.  For students identified as exceptional who do not have
142a matrix of services and students who are gifted in grades K
143through 8, there is created a guaranteed allocation to provide
144these students with a free appropriate public education, in
145accordance with s. 1001.42(4)(l)(m) and rules of the State Board
146of Education, which shall be allocated annually to each school
147district in the amount provided in the General Appropriations
148Act. These funds shall be in addition to the funds appropriated
149on the basis of FTE student membership in the Florida Education
150Finance Program, and the amount allocated for each school
151district shall not be recalculated during the year. These funds
152shall be used to provide special education and related services
153for exceptional students and students who are gifted in grades K
154through 8. Beginning with the 2007-2008 fiscal year, a
155district's expenditure of funds from the guaranteed allocation
156for students in grades 9 through 12 who are gifted may not be
157greater than the amount expended during the 2006-2007 fiscal
158year for gifted students in grades 9 through 12. Each district
159school board in its annual financial report to the department
160shall separately identify the following amounts expended from
161the guaranteed allocation:
162     a.  The amount expended for students identified as
163exceptional who do not have a matrix of services.
164     b.  The amount expended for gifted students in grades K
165through 12 according to grade level.
166     Section 14.  Gifted and Academically Talented Student Task
167Force.--
168     (1)  There is created the Gifted and Academically Talented
169Student Task Force. The task force is composed of the following
170seven members:
171     (a)  The chair of the State Board of Education or his or
172her designee, who shall serve as chair.
173     (b)  The Commissioner of Education or his or her designee,
174who shall serve as vice chair.
175     (c)  Four members who collectively have experience in
176gifted and academically talented student screening,
177identification, and education, one of whom shall be appointed by
178the Governor, one of whom shall be appointed by the President of
179the Senate, one of whom shall be appointed by the Speaker of the
180House of Representatives, and one of whom shall be appointed by
181the chair of the State Board of Education.
182     (d)  One member who represents an advocacy group for
183parents of gifted children who shall be appointed by the
184Governor.
185     (2)  The members of the task force shall be appointed by
186October 1, 2009, and shall convene the initial meeting of the
187task force by November 1, 2009.
188     (3)  The task force is assigned to the Department of
189Education for administrative purposes. Members of the task force
190shall serve without compensation and are not entitled to receive
191reimbursement for per diem and travel expenses under s. 112.061.
192Meetings may be held via teleconference or other electronic
193means. Members of the task force are subject to the Code of
194Ethics for Public Officers and Employees under part III of
195chapter 112, Florida Statutes.
196     (4)  By February 1, 2010, the task force shall submit a
197report to the Governor, the President of the Senate, and the
198Speaker of the House of Representatives that includes, but is
199not limited to, recommendations, based upon peer-reviewed
200research and the members' collective expertise, for the
201following:
202     (a)  Revisions to statute and rule governing eligibility
203criteria for gifted student classification generally and in
204underrepresented groups.
205     (b)  Eligibility criteria for academically talented student
206classification. Such criteria shall identify students who are
207not classified as gifted but who possess high achievement
208capability in one or more academic subject areas and who would
209benefit from participation in accelerated or differentiated
210curricula learning opportunities.
211     (c)  Annual screening procedures for the determination of
212students who should be further evaluated for identification as
213gifted or academically talented students. These procedures, at a
214minimum, shall identify:
215     1.  The most appropriate grade or grades within each of the
216elementary, middle, and high school levels to administer such
217screenings for all students.
218     2.  One or more recommended screening instruments.
219     (d)  Model gifted and academically talented student
220education programs. The programs must include, but are not
221limited to:
222     1.  Classroom-based, school-based, and district-based
223implementation options.
224     2.  Subject matter acceleration opportunities,
225differentiated curricula that address the exceptional learning
226needs of gifted and academically talented students, and
227enrichment activities that extend learning opportunities
228available in the classroom.
229     (e)  Procedures for annually evaluating the effectiveness
230of model gifted and academically talented student education
231programs.
232     (f)  Procedures for evaluating students participating in
233gifted or academically talented student education programs to
234determine student performance and whether the students are
235benefiting from, and continue to be eligible to participate in,
236the programs.
237     (5)  Upon delivery of its final report and recommendations,
238the task force is abolished.
239     Section 15.  Except as otherwise expressly provided in this
240act, this act shall take effect July 1, 2009.
241
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T I T L E  A M E N D M E N T
244     Remove line 40 and insert:
245creating s. 1003.572, F.S.; requiring district school boards to
246provide parental notice of requirements and procedures for
247requesting evaluations for gifted student classification;
248requiring district school board reporting of gifted student
249classification, services, and performance data; requiring the
250Department of Education to develop data elements for district
251reporting; requiring rulemaking; creating s. 1003.573, F.S.;
252requiring the department to develop procedures and eligibility
253criteria for whole-grade and subject matter acceleration;
254requiring district school boards to implement procedures and
255eligibility criteria; requiring district school board reporting
256of student acceleration data; requiring the department to
257develop data elements for district reporting; requiring
258rulemaking; amending s. 1004.04, F.S.; requiring state-approved
259teacher preparation programs to incorporate specified gifted
260student instruction; amending s. 1011.62, F.S.; requiring
261certain school district guaranteed allocation expenditures to be
262reported separately; creating the Gifted and Academically
263Talented Student Task Force within the department; designating
264members; requiring members to serve without compensation or
265reimbursement for per diem and travel expenses; requiring the
266task force to submit a report to the Governor and Legislature;
267providing report requirements; providing for the future
268abolishment of the task force; providing effective dates.


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