HB 835

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

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